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(영문) 대구지방법원 서부지원 2015.10.30 2015고단1309
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 engaged in the operation of BMW car.

On August 9, 2015, the Defendant operated the said car on a 05:42-round 05:42, and came to turn to the left at the low-distance intersection in the Daegu Western-gu, Seogu, Daegu-gu, and became the left-hand turn from the bomb of death in the water supply facility.

At that time, the traffic signals are installed, so in such cases, the defendant, who is engaged in the driving of a motor vehicle, has a duty of care to prevent the traffic accident by safely operating the motor vehicle by complying with the signal and checking whether there is a vehicle passing through the intersection while driving on the front side.

Nevertheless, the Defendant neglected this and left-hand turn in violation of the cross-road stop signal. Accordingly, the Defendant left-hand side from the right-hand side of the Defendant’s proceeding to the left-hand side, and was placed at the right-hand side of the victim C Driving, who was directed to the right-hand side in order to avoid collision with the Defendant’s car.

Ultimately, the Defendant, by negligence in the above occupational negligence, suffered from the victims E and the victim F on board the back seat of the above taxi each two-day medical treatment, such as light fluoral salt fluor requiring two-day medical treatment, and at the same time, did not immediately stop the above taxi fluor so that 1,856,658 won can move back and absconded without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, C, F, and E;

1. A traffic accident report;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 the crime committed;

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

1. Imprisonment with prison labor chosen;

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