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(영문) 대구지방법원 2016.10.13 2016고단3419
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Adi vehicle.

On July 2, 2016, at around 00:15, the Defendant driven the said car at the epoch-distance intersection located in the Gapo-dong, Sinnam-si, and became to turn to the left at a speed of about 20 km per hour depending on the road of about 20 km from the epoch-side surface of the rooftop reclaimed land to the epoch-side surface.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving service has a duty of care to proceed with at a safe speed and method according to signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal, and did not avoid the Dunna-car driven by the victim C(21 years of age) who was making a direct turn in accordance with the new code from the east of the east of the west intersection to the beginning of the year. The Defendant received the front part of the damaged vehicle in front of the left part of the car driven by the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim C, such as light cump, which requires treatment for about two weeks. At the same time, even though the Defendant damaged the right side of the above damaged vehicle to have approximately KRW 5,796,767 of repair cost, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Photographss related to traffic accidents, czebrhograph photographs for crime prevention, photographs of vehicle board reading machines, and photographs of suspect vehicles;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after destroying or damaging property);

1.Article 40 of the Criminal Code of Trade and Trade.

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