(영문) 대구지방법원 2014.03.06 2013고단7110

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(영문) 대구지방법원 2014.03.06 2013고단7110

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for 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 benz car.

On November 6, 2013, the Defendant driven the said car on the 22:30th day of November 22, 2013, and continued to drive the said car on the speed of 5-1, the road in front of the Future Do of Daegu-gu, Daegu-gu, along the right side of the Gyeongsan University, at the speed of the two-lane.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to reduce the speed and to properly protect the lanes and to prevent accidents in advance by safely driving the two lanes.

Nevertheless, the Defendant neglected this and got the victim to the right-hand bridge of the victim E(32 years old) who was taken a cell phone in order to secure evidence while moving the vehicle to the right-hand part of the Defendant’s vehicle, which was driven by C driving in the signal waiting in the second direction of the same 2-lane. However, the Defendant got the victim to the right-hand bridge of the victim E(32 years old) who was taken a cell phone in order to secure evidence while driving the vehicle to the right-hand part of the Defendant’s vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim during approximately six weeks of medical treatment, and at the same time escaped without any measure such as stopping and providing relief to the victim, even though the Defendant destroyed the repair cost equivalent to KRW 565,086, which is the repair cost for the escape of the driver behind the vehicle of the same Sejong.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Written estimate;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the Criminal Act.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

-형법

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