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(영문) 대구지방법원 2015.05.07 2014고단5832
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 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 Bchip car.

On October 21, 2014, the Defendant driven the above car on October 21, 2014, and moved from the middle East-gu, Daegu to the fourth west-dong along the alley-dong.

At that time, there was a center line of yellow solid lines, and thus, a person engaged in driving a motor vehicle has a duty of care to live well on the front side and the right and the right of the motor vehicle and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and instead was placed above the left-hand side of the automobile of the Defendant, which was driven by the victim C (WW, 44 years old) who was a by negligence a bypassing the center line and was driven by the Defendant.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim C, such as clocks, tensions, etc. requiring approximately two weeks of medical treatment; suffered injury to the victim E (here, 69 years of age) who was accompanied by approximately three weeks of medical treatment; and at the same time, clocks and tensions, etc., which require medical treatment for the above spared for about three weeks; and escaped without immediately stopping the said spare to cause damage to KRW 1,322,701 of repair cost, such as the exchange of spares.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report or a traffic accident report 1 and 2;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after destroying and damaging property);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The Criminal Act for probation, community service or order to attend lectures;

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