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(영문) 대구지방법원 안동지원 2017.10.27 2017고단406
특정범죄가중처벌등에관한법률위반(도주치상)
Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK7 cars.

On March 30, 2017, the Defendant driven the above car at around 06:06, and continued to drive the 1591 local road, which was 1591 local roads, from the wing direction, at approximately 50km in speed in the direction of the upstream.

At the time, the Defendant had a duty of care to overtake the victim D(71) who was driving ahead of it, and to take full care of the traffic in front of the vehicle running ahead of it, and to use the direction gauge, light or horn in accordance with the speed and route of the vehicle running ahead of it and other road conditions, and to overtake it at a safe speed and in a safe manner.

Nevertheless, the defendant neglected this and failed to keep a sufficient distance from the damaged vehicle, and by negligence passed the above K7 vehicle to the right side of the above K7 vehicle, received the front part of the damaged vehicle's right side and got the damaged vehicle back to the above upper part.

In the end, the Defendant, by the above occupational negligence, sustained bodily injury, such as cutting the body of a dog dog that needs to be treated for about six weeks, but failed to immediately stop and take necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A written statement on the occurrence of D traffic accidents;

1. Application of Acts and subordinate statutes to the 112 Report on the occurrence of a traffic accident, the detailed statement of the 112 Report, each traffic accident report, the scene of the accident, photographs of the scene, records of the accident, pictures related to the accident, photographs of the victim, photographs of the victim's clothes on the following day of the accident, the image of the victim taken on the next day of the accident, photographs of

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 54 subparag. 1 of the former Road Traffic Act (Amended by Act No. 14356, Dec. 2, 2016) concerning the crime (or choice of imprisonment)

1. The Criminal Act for mitigation of quantity;

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