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(영문) 대구지방법원 2014.03.06 2014고단222
특정범죄가중처벌등에관한법률위반(도주차량)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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a benz car.

On December 10, 2013, the Defendant driven the above car on December 22:20, 2013, and turned ahead of the square in Samsung-ri, Nam-si, Namcheon-si, Samsung-do, into about 110km in the direction of Cheongdo from the direction of Cheongdo, depending on the two-lanes of the two-lanes.

Since there is a limited speed of 80km per hour, the person engaged in the driving of motor vehicles has a duty of care to prevent accidents by complying with the restricted speed and accurately manipulating the steering gear and brake system.

Nevertheless, the Defendant neglected this and led the victim C(SM3 years old) driving in the same direction as the Defendant was driving at the same time. However, the lower part of the victim C(SM3 years old) driving in the same direction was shocked by the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as an unfashion that requires treatment for about six weeks by occupational negligence as above, and even though the said SM3 car was damaged to bring about approximately KRW 10,027,325, it was left away without immediately stopping and 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 report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The scene of the accident, the damage, and the photograph of the damaged vehicle;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes governing the insurance underwriting cost claim;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act of the community service order in this case.

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