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(영문) 대구지방법원 김천지원 2016.12.22 2016고단1019
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a CTXG car.

At around 17:10 on June 7, 2016, the Defendant operated the said TXG car on the front of the E-road located in the Gu-U.S. Si, and entered the road from the E parking lot to the road surface.

In such cases, a person engaged in driving service has a duty of care to safely drive a road by examining whether there is a vehicle driving on the road while accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected this and went to the road as it was, due to the negligence of entering the road as it was, and the Defendant did not see the Victim F F (F) driving Glar car, which is proceeding one-lane from the room of the masta-ray sports hall, and instead did not see the Victim F (F.M. 43 years old), and received the right side side of the car of the car of the Defendant as the front part of the car in front of the driver’s operation.

The Defendant suffered injury to the victim by occupational negligence for about 10 days, such as chest satis, which requires treatment for about 10 days, and at the same time, the Defendant escaped without immediately stopping the car in order to ensure that the repair cost is equivalent to KRW 1,250,016, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A survey report on actual condition, on-site inspection photograph, and on-site photograph;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to report on investigation (checking vehicles and attaching photographs);

1. Article applicable to criminal facts;

A. Desertion after occupational injury: Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act”) and Article 268 of the Criminal Act

(b) Measures not taken after an accident that causes damage to articles: Articles 148 and 54 (1) of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a person who violates the Specific Crimes Aggravated Punishment Act heavier than punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation;

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