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(영문) 대구지방법원 2018.12.20 2018고단4961
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

The Defendant is a person who is engaged in driving CB-100 Oba.

On October 4, 2018, the Defendant driven the upper 21:42, and proceeded with one lane in front of Daegu-gu C, Nam-gu, Seoul, along the five-lanes, toward the front Ne-distance flooding area in front of the four-lane.

In the same direction as the Defendant, the victim D(n, 56 years old) driving E 7 passenger cars in the victim D(n, 56 years old) driving, and the victim F(n, 38 years old) driving GM5 passenger cars in the victim F(n, 38 years old) driving on the two-lane side of the same direction are standing in each signal waiting, so in such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by safely driving the vehicle by safely driving the vehicle, such as making the front left right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and right and the right and right and the right and right and the right and duty

Ultimately, the Defendant suffered from the Defendant’s negligence in the above occupational negligence on the part of the victim D about two weeks of treatment, and at the same time, 4.8 million won of the above KS7 car at the repair cost, such as a spread, etc., the Defendant destroyed the above MF5 car at the repair cost, and escaped without immediately stopping the above MF5 car and without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A survey report on actual conditions;

1. Photographs of vehicles on the accident scene;

1. A report on investigation (a statement by a wooden person);

1. A medical certificate;

1. Application of each 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 (the point of escape after the injury of occupational negligence), 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 the penalty;

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