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(영문) 대구지방법원 2016.11.10 2016고단4524
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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 drives a BP car.

On September 7, 2016, the Defendant driving the above vehicle at around 03:20 on September 7, 2016, and driving ahead of the D station in Daegu Suwon-gu C, is driving about about 60 km of the 4-lane flow from the yellow-distance flood control area to the yellow-water control area.

The three-lanes change to the three-lanes.

It is a four-lane road, and since vehicles are driving together in the same direction, when a person engaged in driving a motor vehicle changes a lane, he/she has a duty of care to notify the direction in advance by hand or direction direction, etc. in advance, and to change the lane well before, after and after the change, and after the change of the lane safely.

Nevertheless, due to the negligence of changing the lane as it is, the Defendant neglected this, and received the Franzer part of the victim E (the 60-year-old driver) driving in accordance with three-lanes of the same direction, which is the left-hand pans, fences, and fences of the Defendant’s car.

As a result, the Defendant suffered injury to the lux salt in need of approximately two weeks of medical treatment for the victim through occupational negligence, and at the same time, destroyed the car of the lux to be approximately KRW 1,215,036 of repair cost, and escaped without immediately stopping the car and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Act and subordinate statutes to a survey report, a medical certificate, and a quotation;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows.

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