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(영문) 대구지방법원 서부지원 2014.03.27 2013고단1701
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 who is engaged in driving a studal vehicle B.

On October 15:10 on October 3, 2013, the Defendant driven the above van, and proceeded along the three-lanes of the two-lanes of the two-lanes in the Pyeongtaek-dong, Seogu, Seo-gu, Seo-gu, with the parallel-lanes of the two-lanes of the two-lanes of the parallel-lanes of the two-lanes of the parallel-lanes.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle, because the D motor vehicle driven by the victim C(58) was parked due to the breakdown.

Nevertheless, the Defendant neglected this and continued to receive the above victim who was in order to give hand signals to prevent traffic accidents from the rear side of the above cargo vehicle due to negligence, and continued to receive the rear part of the above cargo vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the above C, such as acute save-day medical treatment, and injury to the victim E (the age of 54) who was on board the said cargo to repair the said cargo, such as the left-hand wing part, which requires a two-day medical treatment, and at the same time, escaped without taking necessary measures to prevent and prevent traffic accidents and hazards or to rescue the victim, even though the said cargo is damaged to the extent of 535,421 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying and damaging property);

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation Criminal Act;

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