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(영문) 대구지방법원 2016.04.21 2016고단637
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 a DM5 car.

On January 3, 2016, the Defendant driven the above car on January 14:11, 201, and driven the road of one lane in front of the F in Gyeongsan City E from the Tri-distance to the Tri-distance.

Since there is a road where a central line is installed, the driver of the motor vehicle has a duty of care to thoroughly protect the front line and drive the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this and neglected to drive in the front bank, and caused the negligence of driving in the center line, and due to the negligence of driving in the center line, the victim G (75 tax) operating normally on the opposite lane, and did not avoid H C/ 110cc Oral c., which was driven by the Defendant’s driver, and received the part of the victim’s driver’s left-hand loss due to the collision between the left-hand car of the Defendant’s driver’s driving.

The Defendant at the same time, due to the above occupational negligence, suffered injury to the victim, such as the opening of the 5-day left-hand bones, which requires medical treatment for about five weeks, and at the same time, escaped without taking necessary measures, such as immediately stopping and aiding the damaged person, so that the amount equivalent to KRW 985,00,000 of the repair cost would be reduced.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a survey report, a diagnosis report, and a quotation;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and loss), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after property damage);

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

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures;

1. The criteria for sentencing are set forth in the Supreme Court, taking into account the sentencing criteria.

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