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(영문) 대구지방법원 2014.09.04 2014고단3912
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 who is engaged in the duties of driving Cone Star trucks.

On June 10, 2014, around 02:25, the Defendant continued to drive at a speed of about 60km of Si speed, depending on two lanes, three-lane roads from the Youngcheon-si, Youngcheon-si, Incheon Metropolitan City.

At the time, since it is at night and at the same time an intersection where a signal apparatus is installed, a person engaged in driving duties of a motor vehicle has a duty of care to safely operate a motor vehicle in accordance with the new code by living well the front left.

Nevertheless, the Defendant neglected to operate the said intersection due to the negligence of operating the said intersection in violation of the signal, and received the front part of the victim D(44 years old) driving E in the front part of the cross-city passenger car from the face of the film intersection to the side of the cross-city bus terminal.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim D, such as catitis that requires approximately two weeks of medical treatment on the part of the victim D, sustained injury on the part of the victim F (F, female, 40 years of age) who was on the part of the victim D, for about two weeks of medical treatment, and escaped without taking measures, such as destroying the said vehicle owned by the victim D and stopping the said vehicle, and providing relief to the victims, even if the repair cost is equivalent to KRW 2,756,947.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each written diagnosis;

1. Written estimate-Application of Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) 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. Article 53 of the Criminal Act for discretionary mitigation.

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