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(영문) 대구지방법원 2017.03.09 2016고단6166
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

The defendant is a person who drives a vehicle with C investment vehicle.

On November 6, 2016, the Defendant driving the said motor vehicle as around 05:21, and driving the said motor vehicle at around 05:21, and driving the 88-ro, Daegu North-gu, North-gu, Daegu (Uniform-dong), along the four-lane distance in the direction of the airport intersection at the direction of the airport from the direction of the direction of the airport.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle so as not to cause harm to others by checking the front side well.

Nevertheless, the defendant neglected to do so and tried to see the back part of the Efrando taxi driven by the victim D (V, 56 years old) who was waiting for the signal at the same lane as he did so, in front of the defendant's vehicle.

As a result, the Defendant suffered injury to the said D, such as salt pans, etc. requiring approximately two weeks’ medical treatment, injury to the victim F (F (FV) who is the back seat of the taxi, such as culp, tensions, etc., requiring approximately three weeks’ medical treatment, and injury to the victim G (VV) such as culpum salt pans and tensions that require approximately two weeks’ medical treatment, and at the same time, escaped without taking necessary measures, such as destroying approximately KRW 2,359,558 repair costs, such as exchange of back culpers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs of damaged vehicles;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3 (1) 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 criminal facts (the point of absence of measures after damage to property) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act with regard to orders to provide community service and attend lectures - Reasons for disadvantageous circumstances: Traffic accidents in which the accused inflicts an injury on many people.

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