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(영문) 대구지방법원 서부지원 2016.06.24 2016고단409
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for one year.

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

On February 13, 2016, the Defendant driven a car of c. C on February 13, 2016, and driven a three-lane road in front of the food "E" located in Daegu-gu, Seogu, Daegu-gu, with about 30km each hour from the fourth four-lane distance towards the city.

At all times, the signal, etc. containing yellow on-and-off signal was installed in the front direction of the defendant, and thus, the driver of the motor vehicle was installed in the front direction of the defendant's proceeding, and thus, the driver of the motor vehicle had a duty of care to temporarily stop in front of the crosswalk or the stop line so as not to obstruct the passage of the pedestrian when the pedestrian passes the crosswalk or cause danger to the pedestrian, and to stop in front of other traffic or safety signs while driving along the crosswalk with due care and to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and proceeded with the victim F(22) who passed the crosswalk on the right side from the left side of the running direction of the Defendant at the time when he was faced with the victim G(43 ) who passed along the crosswalk in front of the car by the Defendant driving.

The Defendant, by such occupational negligence, sustained injury to the victim F, such as the diversity catry, etc. requiring approximately three weeks of treatment, and the injury to the victim G, including the closure frame of the upper group requiring approximately six weeks of treatment, and escaped without immediately stopping and taking necessary measures, such as aiding the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H and F;

1. G statements;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the victims have agreed to do so, and the fact that they subscribe to comprehensive insurance.

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