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(영문) 대구지방법원 서부지원 2016.05.20 2016고단189
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

Around 23:20 on January 13, 2016, the Defendant was driving a CSP car, and was driving the CSP car in the new-dong, Seogu, Seogu, Seogu, Daegu, and the Cscam Park, the upper Park Park of the Daegu, which was proceeding from the area of the Gero Sports Park to the area of the Gero Sports and Culture University.

In this case, there was a duty of care to prevent accidents by accurately operating the steering direction and brakes well before and after the driving of a motor vehicle, and to prevent accidents.

Nevertheless, the Defendant neglected this and failed to operate the steering direction and operation system accurately, and repeated the steering course again. On the two-lanes of the Gyeyang Culture University, the Defendant got the front door of the victim D(40) driving in the front part of the signal waiting at the two-lanes of the Gyeyang Culture University, and went away without taking any measure to damage the damaged vehicle to KRW 780,000,000 for the repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the written estimate for damaged vehicles;

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 the crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of the fact that an order to attend a course is an automobile comprehensive insurance for the reason of sentencing under Article 62-2 of the Criminal Act, the primary offender, the degree of damage, etc.;

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