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(영문) 대구지방법원 2016.05.19 2016고단1176
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 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 is engaged in driving a cuss car in B.

On January 28, 2016, the Defendant was killed in D parking lots located in Daegu Northern-gu C around 21:35.

It is a parking lot where the entry of a vehicle is frequent, and in such a case, the driver was under the condition of reporting and suspending the operation of the FM5 passenger vehicle driven by the victim E (n, 24 years old) and driving, and thus, the driver was under the duty of care to prevent accidents by driving the vehicle in a safe manner by checking the rear side.

Nevertheless, the Defendant neglected to do so and neglected to do so and received the front part of the said SM5 vehicle as the rear part of the Coos car.

The Defendant, by such occupational negligence, suffered from the victim E and the victim G (30 Do) who was on the said SM5 car from the injury of light dump dump, etc. requiring approximately two weeks medical treatment, and at the same time, the Defendant destroyed the victim E’s car so that the repair cost, such as the landing of the dump dump, etc., can be 36,878 won, without taking necessary measures, such as aiding the injured party E’s car and saving the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each written diagnosis and written estimate;

1. Application of the Act and subordinate statutes on the spot, vehicle photographs, and CCTV CDs;

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 an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an accident);

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. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to orders to provide community service and attend lectures shall be committed by the defendant on his duty.

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