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(영문) 대구지방법원 2018.01.18 2017고단6503
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

1. After causing a traffic accident, the Defendant is a driver of BWts’ car.

On October 15, 2017, the Defendant driven the above vehicle at around 12:55, and operated the 400-gu Dong-gu, Daegu-gu, and the 3-lane of the Triang-do, on the north-do, at an insular width from the two-lane, the Defendant driven the above vehicle at an insular speed.

In such a case, a person who is engaged in driving service has a duty of care to accurately manipulate the front door, and prevent accidents by accurately manipulating the steering direction, brakes, etc., however, the defendant neglected this duty and led the part of the back part of the DNA rocketing taxi driven by the victim C (65 Do) who is going on the front line of the same lane due to negligence going through by the victim C (65 Do) who is driving in the same lane.

As a result, the Defendant: (a) inflicted an injury on the c infection, etc. in need of approximately two weeks of medical treatment on the said taxi; (b) inflicted an injury on the c infinite, etc., to the victim E (hereinafter 47 years of age) who was boarding the said taxi; and (c) inflicted an injury on the c infinite, etc., in which there is no c infinite, within a open two period of medical treatment for about three weeks; and (d) at the same time, destroyed the said taxi to the extent of KRW 2,649,392 of its repair cost;

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, without purchasing mandatory insurance at the same time and place as that set forth in the preceding paragraph, operated B-Wz automobiles.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the crimes under the corresponding provisions 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, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of a vehicle with no mandatory insurance)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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