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(영문) 대구지방법원 김천지원 2016.01.13 2015고단1233
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a NF rocketing car.

On August 14, 2015, the Defendant driven the above NF rocketing car at a point where 127 km down from the parallel line at the right edge of the mid-to long-speed highway in the old-si Maok-si, Gosi-si, Gosi-si, Gosi-si, Gosi-si, the Defendant driven the above NF rocketing car at a point where 127 km from the right edge to the end of the two-lanes.

In such cases, the driver of a motor vehicle has a duty of care to properly see the front section, the left part, and the left part, and to accurately manipulate the operation and steering gear so as to prevent accidents from occurring.

Nevertheless, the Defendant neglected to do so and received the victim C(43) driving prior to the direction of the Defendant, following the victim C&5 car, which was driven in the front of the Defendant’s driving.

After all, the Defendant, by the above occupational negligence, sustained injury, such as salt and tensions, etc. in the c and the victim E (n, 41 years old), victim F (n, 16 years old), and victim G (n, 12 years old), each of which requires two-day medical treatment, and escaped without any necessary measures, such as providing relief to the injured party by immediately stopping the vehicle despite the damage of the said SM5 car to the 4,055,219 won.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, damaged vehicles, and on-site photographs;

1. Investigation report (to hear statements of victims C and reporting thereon);

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury of each business negligence), Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident) of the relevant Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment shall be imposed on a victim C who has the largest penalty).

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