(영문) 대구지방법원 2017.04.27 2016고단6276

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(영문) 대구지방법원 2017.04.27 2016고단6276

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment 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 who is engaged in driving a KS7 car.

On October 30, 2016, the Defendant driven the above car at around 07:25, and proceeded to turn to the left from the four-distance off to the alley of Kim G-gu.

Since there is an intersection where a signal apparatus is installed, there was a duty of care to check whether there is another vehicle by reducing speed and checking the right and the right and the right of the driver, and to drive safely according to the new code.

Nevertheless, the Defendant neglected to turn to the left as it was due to the negligence on the left of the vehicle stop, and took the front part of the victim D(63 tax) E-Poter cargo vehicle, which was going to the four-distance off from the four-distance off of the motor vehicle driving line in accordance with the vehicle driving signals, into the right side of the vehicle driving vehicle.

Ultimately, the Defendant, by such occupational negligence, immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party D, even though he was damaged by 3,681,324 won of the cargo vehicle, to F (the 55 years old) who is the seater of the cargo vehicle, for about three weeks of medical treatment. At the same time, the Defendant, at the same time, did not stop the said cargo vehicle and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after property damage) of the relevant Act;

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 1.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항

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