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(영문) 대구지방법원 김천지원 2013.11.20 2013고단984
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

On March 6, 2013, the Defendant driving a B B C C(54) car which was in progress on the front right side of the said C(54) car in the front-hand part of the said C(54) car, while changing the lane from the second to the third-lane, the Defendant was due to the occupational negligence, which caused the change of the lane while neglecting the duty of front, rear and front, and left, driving the C) car in the front-hand side of the said C(54) bus, which was in progress on the third-lane side of the said car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as salt, tensions, etc. in light of the string that requires approximately two weeks of medical treatment, and suffered injury to the victim E (34 years of age) who is the bus passenger for about ten days, such as salt, tensions, etc. in need of medical treatment. At the same time, the Defendant did not immediately stop the bus to the extent that it damages the amount of KRW 1,166,78, and does not take necessary measures such as providing relief to the victim, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and a traffic accident report;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes of each mandatory insurance policy;

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, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

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

1. Selection of a sentence for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Guarantee of Automobile Accident Compensation, and selection of a imprisonment without prison labor for the violation of the Road Traffic Act;

1. Aggravation for concurrent crimes;

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