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(영문) 대구지방법원 포항지원 2016.07.20 2016고단547
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 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 B-learning car.

On May 3, 2016, the Defendant driven the above car at around 00:35, while driving it at the speed of the port, led to the driving distance in front of a bus terminal located in the south-gu opposite side of the city bus located in the south-gu at the port of the port to two-lanes between the direction of the square and the direction of the intersection.

At the time, since it is a night and an intersection where signals are installed, there was a duty of care to prevent accidents by driving safely in accordance with traffic signals to a person engaged in driving service.

Nevertheless, the Defendant neglected this and neglected to enter the intersection in violation of the signal and got off the back part of the victim C's D taxi driving's right side to the bus terminal from the sloping sloping to the cross-city bus terminal.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and, at the same time, the repair cost of KRW 1,722,554, such as the replacement and maintenance of the right-hand fences, destroyed the said taxi to the extent that the said taxi was damaged and escaped without taking necessary measures, such as stopping and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 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 (the point of failing to take 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. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decisions 53 and 55(1)3 of the Criminal Act (see, e.g., the injury of the victim is relatively minor, the agreement with the victim, the fact that the motor vehicle

1. Article 62 of the Criminal Act:

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