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(영문) 대구지방법원 영덕지원 2018.11.28 2018고단187
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a c-spoke-spond-spond-spond-spool.

On April 7, 2018, the Defendant, while driving the above cargo vehicle around 00:10, went ahead of the road in front of the bus terminal outside the territorial sea, located within the territorial sea, territorial sea, in the territorial sea, from the parking lot outside the territorial sea, to the bus terminal outside the territorial sea.

At the time, there is a road where the center line of the yellow-ray is installed in the rear side of the above cargo vehicle, so in such a case, the driver of the vehicle has a duty of care to prevent the occurrence of the accident by safely driving the motor vehicle, such as making a proper look at the traffic situation of the rear side and the right side, accurately manipulating the steering and operating the steering system, etc.

Nevertheless, due to the negligence that the Defendant neglected his duty of care in the latter direction, the Defendant was found to have been on the right side of the cargo of the Defendant’s driving of the victim D(W, 60 years old) driving on the right side of the road in the right side of the road.

Ultimately, the Defendant: (a) caused the victim D and the victim F (the age of 63) who was on board the said car due to such occupational negligence to inflict an injury on each of the said victims, such as salt, tensions, etc. in the 2 week medical treatment; and (b) did not immediately stop the said car and escape without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each internal investigation report and each investigation report;

1. Reporting the occurrence of a traffic accident, a written investigation into the actual situation, a arrest report on the occurrence of a traffic accident, and an inquiry into the enemy;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on guidance for photographs and electronic images;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

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

1. Selection of penalty;

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