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(영문) 대구지방법원 서부지원 2013.07.19 2013고단770
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 B B B B B or a car.

On March 14, 2013, at 03:00, the Defendant proceeded about five lanes in front of the Chungcheong Seas, which are located in the main Dong-dong, Daegu Metropolitan City, Seogu, Seoggu, with about 30 km each other, from the main sea of the Egine distance to the Gisok-gu, the Defendant proceeded at the speed of about one 30 km each other.

At the same time, the victim C (the 59-year old) driven ahead of the same direction was followed by the Drocketing car driven by the victim C (the 59-year old). In such a case, there was a duty of care to prevent accidents in advance, such as securing and driving a safe distance that can be avoided in the event of the suspension of the said rocketing car by reducing speed and taking a good look at it.

Nevertheless, the Defendant neglected to do so and neglected to drive in the front and the nearest manner, and found that the above rocketing passenger car, which was driven earlier, was late to stop according to the stop signal, and failed to avoid this, and thereby received the part behind the said rocketing passenger car as the front part of the said rocketing passenger car.

Ultimately, the Defendant, by negligence in the above business, sustained injury to the affected party during approximately three weeks of medical treatment, and at the same time escaped without taking necessary measures to prevent and eliminate the risk and impediment of traffic accidents or to rescue the victim while 1,235,813 won of repair cost, such as the exchange of the said rocketing car, are destroyed to the point of time after the rocketing car, and then the said rocketing car was destroyed to the point of time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each traffic accident report;

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, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act (the point where measures are not taken after destruction and damage) concerning criminal facts;

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