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(영문) 대구지방법원 2013.07.11 2013고단3121
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

The Defendant is a person who is engaged in driving a third party car.

On April 21, 2013, at around 17:20, the Defendant proceeded along one lane at a speed of about 70km in Si/Eup/Myeon from the direction of the village to the direction of the sub-Eup.

The driver of any motor vehicle, who intends to change the course of the motor vehicle into a two-lane road, has a duty of care to operate the direction direction, etc. and give prior notice of change of course, and to change the vehicle line in the manner of changing the vehicle line in the front and rear left, considering the traffic situation well.

Nevertheless, the defendant neglected this and proceeded as it is, and the defendant has changed the two lanes from the first lane to the second one by negligence.

In two-lanes, the victim D (n, 34 years old) driven by the victim D (n, 34 years old) was driving in front of the defendant's car at the right side of the vehicle of the defendant and was faced with injury to the victim D, such as credit booming two-day medical treatment, which requires approximately two-day medical treatment, and the victim F (n, 39 years old) who was on the booming 2-day medical treatment, and at the same time, the repair cost, such as exchange and maintenance of the above vehicle, was damaged to 779,742 won, without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The actual survey report on traffic accidents;

1. Statement of D;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes on accident site and vehicle photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after destroying and damaging property);

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

1. Selection of penalty;

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