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(영문) 대구지방법원 의성지원 2017.07.06 2017고단155
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2017, the Defendant driven a C Poter Cargo on March 16, 2017, and driven a two-round road at the corner of the scirth of the scirth of the scirth of the scirth of the scirth of the scirth of the scirth of the scirth of the

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately maintaining the safety distance with the motor vehicle ahead, accurately operating the steering gear and brakes, controlling the speed in advance, and safely operating the motor vehicle.

Nevertheless, the Defendant neglected to do so and got the left-hand part of the victim D(62 Do) driving E, which was going straight from the opposite direction due to the negligence that led to the center line, received the left-hand part of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer bodily injury, such as light dump salt, etc. in need of approximately two weeks of medical treatment, and at the same time, did not immediately stop a vehicle with an options amounting to KRW 1.8 million at the market price and absconding without taking necessary measures, such as aiding and abetting the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Application of Acts and subordinate statutes to medical certificates and medical treatment certificates;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Persons who are subject to special mitigation (from June to one year) in the mitigation area after the scope of the recommended punishment is limited to one type (e.g., escape after the injury) after a traffic accident: No punishment is imposed (e.g., recovery of damage).

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