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(영문) 대구지방법원 2016.02.16 2015고단5753
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

The defendant is a person who is engaged in driving a DNA car.

On October 20, 2015, the Defendant driven the above car at around 04:05, and led to an intersection without signal prior to the FKa Center located in Daegu Northern-gu E, the Defendant driven from the direction of the public park to the public market.

At the time, since it is an intersection that is night and is not supported by traffic control, there was a duty of care to check whether there are cross-vehicles by reducing the speed or temporarily stopping the vehicle for the driver of the vehicle, and to drive the vehicle.

Nevertheless, the Defendant neglected this and went through from the middle school to the space traffic on the side of the public middle school due to negligence without reducing speed. Nevertheless, the Defendant received the part of the victim G (59) driving the H Poter Cargo in front of the left side of the H Poter, which was driven by the Defendant, in front of the right part of the said car driving.

As a result, the Defendant suffered injury to the victim, such as 2,359,000 won of the repair cost, such as 2,359,000 won of the 2,359,000 won of the 2,359,000 won of the 2,30 weeks of the above occupational negligence, and escaped without taking necessary measures, such as aiding the victim by stopping the 4 weeks of the 4 weeks of the above cargo.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written diagnosis and written estimate;

1. Images related to accidents, such as damaged vehicles;

1. Application of Acts and subordinate statutes to a traffic accident report and a survey report on actual condition;

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. Order to attend lectures or order to provide community service;

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