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(영문) 대구지방법원 2017.08.17 2017고단1465
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a gallon vehicle.

On March 16, 2017, the Defendant driven the above vehicle on March 16, 2017, and proceeded at about 30 to 40km in the direction of the Gongsan-ro, Daegu-gu, Daegu-gu, with the shooting range from the direction of the Gongsan-gu.

Since there is a place where the central line and concrete center are installed, the driver of the motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and to safely operate the motor vehicle.

Nevertheless, due to the negligence of neglecting this, the part of the victim D driving, which was stopped in one lane in the opposite direction, was placed in front of the vehicle in front of the above gallon as the gallon.

Defendant 1 suffered from the victim’s cump fums, etc. in need of approximately three weeks’ treatment due to occupational negligence as above, and at the same time, Defendant 2,266,169 won of the repair cost, such as the exchange of front c,26,00 won, and escaped without immediately stopping the said damaged vehicle and taking measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis and written estimate;

1. Application of the provisions of Acts and subordinate statutes to a survey report on actual condition, each car-book, an accident scene photograph, and a vehicle photograph;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54(1) of the former Road Traffic Act (Amended by Act No. 14356, Dec. 2, 2016) as to the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 subparag. 2 of the same Act, Article 268 of the Criminal Act (the point of escape after occupational injury and injury)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 of the Criminal Act:

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