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(영문) 대구지방법원 김천지원 2019.06.11 2019고단342
특정범죄가중처벌등에관한법률위반(도주치상)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing car.

On March 10, 2019, the Defendant driven the said car on March 14:25, 2019, and proceeded from the end park to E with approximately 40km in speed.

Since the place was an intersection without signal, there was a duty of care to prevent accidents in advance by allowing a person engaged in driving of a motor vehicle to take the front side and the right and the right of the motor vehicle, and by allowing the person engaged in driving a motor vehicle to proceed first, if there is a vehicle that has entered the intersection.

Nevertheless, due to the negligence that the Defendant neglected this and did not well see the front side, the Defendant was placed on the right part of the victim F (M. 66 years old) who was going to enter the right side from the left side of the Defendant’s running route to the intersection, and was driven by Galgo-Wur-Wur-Wur-Wur-Wurk-Wur-Wur-Wur-Wuron.

Ultimately, the Defendant, by occupational negligence, caused the above victim to suffer injury to salt and tensions in need of medical treatment for about two weeks, and escaped without any necessary measures, such as providing relief to the victim by immediately stopping a motor vehicle after destroying it to cover KRW 740,328 at repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (attached photographs on the damaged vehicles and parts of the damaged vehicles), on-site photographs, on-site photographs, actual condition survey reports, diagnosis reports, accompanying photographs, and repair dogs of the damaged vehicles;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 148 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation of punishment Article 53 and Article 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.

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