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(영문) 대구지방법원 2016.08.11 2016고단1616
특정범죄가중처벌등에관한법률위반(도주차량)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

The Defendant is a person engaging in driving a rocketing car.

On March 12, 2016, the Defendant driven the above car at around 23:40 on March 12, 2016, and proceeded with the second lane of about 149.6 km located in the Gyeong-do, Busan, Busan, the flag of the Gyeong-do, 149.6 km away from 4-lanes in Busan, with the speed of about 100 km from the jurisdiction of Busan to the jurisdiction of the city.

At night, the victim C(35) driving ahead of the same direction was followed by the victim C(35) driving car, and thus, the person engaged in driving service has a duty of care to take care of the situation well, and to secure a safe distance to avoid when the above vehicle reduces its speed.

Nevertheless, due to the negligence of driving in the vicinity of the vehicle, the part of the front part of the defendant vehicle was received as the rear part of the vehicle.

As a result, the Defendant, by such occupational negligence, sustained approximately one week from the victim E (35 years of age) who is the passenger of the above Eth E business vehicle, the victim E (35 years of age) with the right side in need of treatment for about one week, and even if the damaged vehicle was damaged to the degree of scrapping, the Defendant immediately stopped the damaged vehicle and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A fact-finding survey report and a traffic accident occurrence report;

1. On-site photographs;

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 (the point of escape after the injury of each occupational accident), Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of non-measures after the traffic accident)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 62-2 of the Criminal Act - the education order is disadvantageous.

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