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(영문) 대구지방법원 안동지원 2013.09.10 2013고단306
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 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 e-cub vehicle B.

On January 5, 2013, around 19:38, the Defendant, at permanent residence, proceeded with the first line of the upper line of the upper line, which is located in an asbestos tent at a permanent residence, from the fluorg distance protection area to the small sand shooting range, at approximately 30 to 40km each hour according to the said road.

There was a duty of care to prevent an accident due to a collision with a vehicle that proceeds from the operation of a bridge by reducing the speed of the vehicle and carefully manipulating the steering direction and brake system, since the snow that occurred around that time was opened by a temporary package due to the construction of a bridge, and the snow that occurred on the road was in the vicinity of the road.

Nevertheless, the Defendant neglected this and proceeded as it was, and did not avoid the victim C (the 46-year-old driver)'s ESF rocketing car, and received the parts that were front of the left-hand part of the said EPO car as the back-hand part of the said EPO car.

The Defendant, by these occupational negligence, suffered from the right-hand spons and the left-hand sponsed spons, which require treatment of approximately three weeks. At the same time, the Defendant, while destroying the said rocketing car to be in excess of KRW 1,978,646, failed to immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Statement to C by the police;

1. Application of the actual condition survey report, accident site photograph, diagnosis document, and written estimate under each Act 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, 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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