(영문) 대구지방법원 2016.11.24 2016고단2205

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(영문) 대구지방법원 2016.11.24 2016고단2205

특정범죄가중처벌등에관한법률위반(도주차량)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 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 Cgner car.

On April 16, 2016, the Defendant driven the said car at a speed of 01:35, and led to the intersection of 203 east 203 dong-gu, Daegu to the front circulation from the salary elementary school to the front circulation.

At the time, there is a duty of care to safely drive a vehicle by reducing the speed or temporarily suspending the speed to a person engaged in driving service, and confirming whether there is a vehicle that first entered the intersection.

Nevertheless, the Defendant did not discover the victim D(38 years of age) driving with the above intersection from the right to the right to the right to the right to the right to the right to the right to the road by negligence while neglecting this, and received the part of the Defendant’s vehicle’s top part as the front part.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim D, such as light dume base, which requires approximately two weeks of medical treatment to the victim F (the victim F (the 49-year-old) who is the passenger of the said rocketing car, suffered from the injury of the fume base in need of medical treatment for about two weeks, and the victim G (the 20-year-old passenger) who is the passenger of the said rocketing car (the 20-year-old passenger) suffered from the injury of the right-hand dume base in need of medical treatment for about two weeks, and at the same time, failed to stop the said rocketing car to the extent of damage equivalent to KRW 2,073,751, and failed to take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, F, and G;

1. The actual condition survey report;

1. Photographs of the accident site and vehicles, and photographs of the harming vehicles;

1. The phrase “when a person runs away without taking measures as provided in Article 54(1) of the Road Traffic Act, such as aiding a victim” as provided in Article 5-3(1) of the Special Cases of the Medical Certificate of Medical Examination refers to the driver of the accident.

참조조문

-도로교통법 제54조 제1항

유사 판례

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