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(영문) 대구지방법원 2017.03.09 2016고단6506
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 who is engaged in driving of B Poter cargo vehicles.

On July 31, 2010, the Defendant driven the above cargo vehicle around 14:20 on a two-lane, and proceeded along the two-lane of the above road from the off-line off to the four-lane away from the off-line off to the northwest-gu, Daegu. The Defendant changed the course to the two-lane.

In such cases, there was a duty of care to prevent accidents by driving a vehicle in which a person engaged in driving a motor vehicle intends to change course by properly examining whether there is a vehicle that intends to change course.

Nevertheless, the Defendant neglected this and received the part above the left-hand side of the freight vehicle driving by the Defendant, which was driven by the victim C(34 ) who was driving in the same direction as the two-lanes of the lane as it was changed to the two-lanes.

After all, the defendant, by negligence in the above business, suffered injury to the victim and the victim E (V, 37 years old), such as franchise, etc. in need of a two-day medical treatment, to the victim F (V, 1 year old), and to the victim F (V, 1 year old), on the inside part of the damaged vehicle in need of a one-day medical treatment, and at the same time, the repair cost, such as the exchange of the above franchis, destroyed the damaged vehicle so that approximately KRW 1,146,090, and escaped without taking necessary measures, such as providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Act and subordinate statutes governing actual condition surveys, diagnosis certificates, estimates, and field photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts (the point of absence of measures after damage to property) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution;

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