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(영문) 대구지방법원 포항지원 2016.07.13 2016고단86
특정범죄가중처벌등에관한법률위반(도주차량)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 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 of Category C-owned D-owned Cargo Vehicles.

On November 4, 2015, the Defendant driven the above cargo vehicle around 14:30, and, at the port of port of port, had a three-lane road near the Gyeonggu-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do along the three-lane road from the port of port to the port of port, and had a three-lane road at the speed of about 70km from the port of port to the racing.

Since there are access roads, a person engaged in driving service has a duty of care to give advance notice of change of course by operating direction direction, and to enter the road as an access road in front and rear right and right and right and right and right and right and right and right and right and right.

Nevertheless, the Defendant neglected to do so and changed the car line on the right side of the said cargo, and got the victim E, who was driven according to the above access road normally due to the negligence of entering and leaving the access road, to the right side of the said cargo.

As a result, the Defendant, by the above occupational negligence, suffered from each shouldered salt and scams, etc. on both sides, which require the victim to receive approximately two weeks of medical treatment, and at the same time, did not immediately stop the said K5 car so that approximately KRW 4,078,000 of repair cost, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Legal statement of E;

1. A survey report on actual conditions;

1. On-site guidance (the following Internet guidance):

1. Photographs photographs of the accident vehicle;

1. A written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

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 (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. The Criminal Act for mitigation of quantity;

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