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(영문) 대구지방법원 서부지원 2017.04.21 2016고단2473
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On September 17:34, 2016, the Defendant driven the Ethm-man car, and proceeded at the speed of about 30km along the three-lanes in front of the ethic wave drown apartment, which is located on 7-lane 9, Seogu Seo-gu, Daegu, Seogu, with three-lanes in front of the ethic wave drown apartment.

At the same time, GFD car driven by the victim FF (36 tax) was driven in the same direction as the passenger car of the defendant. On the right side of the defendant's front side, IK3 passenger car was parked on the road on which the victim H, so in such a case, there was a duty of care to accurately operate the steering and brake system and to safely proceed by controlling speed in advance.

Nevertheless, the Defendant, due to the negligence of driving the said K3 vehicle due to his negligence, found it late and operated the said K3 vehicle to the left-hand side. However, the Defendant did not avoid it and did not shock the back part of the first vehicle to the left-hand part of the said K3 vehicle with the top-hand part of the front-hand part of the said K3 vehicle, and continued to show the right-hand side of the said passenger vehicle, which is going into two lanes on the left-hand side.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim F in need of approximately two weeks of medical treatment on the part of the victim F, while at the same time, the Defendant destroyed the above K3 car, which is the victim H, to have an amount equivalent to KRW 705,534, 705,534, in repair cost, and attempted to flee without taking measures such as aiding the damaged person, even though the Defendant immediately stopped the above 3 car, which is the victim H, to have an amount equivalent to KRW 486,188, in repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of each written estimate statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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