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(영문) 대구지방법원 서부지원 2016.06.24 2015고단1579
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 4, 2015, the Defendant driven CK5 car around 01:25, and driven three lanes on the four-lanes of “Eel” in Seo-gu, Daegu-gu, Seo-gu, at a speed of about 50-60km per hour from the offside of the horizontal four-lane radius to the offside of the new horizontal distance.

Since there is a private road crossing where the traffic of vehicles is frequent, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic signals and to prevent accidents in advance, while checking whether the driver has a motor vehicle operating by reducing the speed prior to entering the intersection and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and followed the Defendant’s failure to proceed in violation of the signal and received the front part of the G rocketing taxi driving by the Victim F (46 Do) who was proceeding one lane on the left side of the Oscar theater on the right side of the vehicle in this market where the Defendant’s vehicle is located on the right side of the present market.

Defendant at the same time, due to the above occupational negligence, sustained injury to the victim F, such as salkal sale, which requires approximately two weeks of treatment to the victim F, and suffered from injury to the victim H, who is the passenger of the victimized taxi (the 30-year old-old-age-age-age-age-age-age-age-age-age-age-age-age-of-life treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as providing relief to the victim by stopping the 6,156,00 won, including the exchange of the front driver, while destroying the said taxi owned by the victim-friendly transportation company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with F and H;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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;

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

1. Selection of the penalty;

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