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(영문) 대구지방법원 2018.10.31 2018고단3873
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 engaged in the operation of BMW car.

On July 27, 2018, the Defendant driven the above vehicle at around 08:00, and proceeded at a speed that cannot be known in the direction of the “don distance per half month” in accordance with the direction of the “don distance per half month” along the one-lane intersection of the salary mountain distance in the middle-gu, Daegu.

Since there is an intersection where a signal apparatus is installed, a driver has a duty of care to prevent an accident by proceeding in accordance with the signals.

Nevertheless, the Defendant, by negligence in contravention of the stop signal, proceeds in the direction of the “salin mountain salves” in the direction of the “salin mountain salves” in the direction of the “salinary mountain salves”. The Defendant got the back part of the Defendant’s vehicle’s right side side part before the Defendant’s front side of the Defendant’s vehicle, and suffered injury, such as “salin saltons and tensions,” which requires approximately two weeks of treatment, and at the same time, escaped without taking necessary measures, such as providing aid to the damaged vehicle’s repair cost of KRW 2,28,220.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Reporting on the occurrence of a traffic accident and the application of Acts and subordinate statutes on the report of a traffic accident;

1. Article 5-3 subparag. 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 occupation of measures not taken after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is not likely to be a crime that the defendant escaped without taking any measures against traffic accidents, the defendant's opposite nature, and the vehicles are covered by the comprehensive insurance.

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