(영문) 대구지방법원 서부지원 2017.03.10 2016고단2512

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(영문) 대구지방법원 서부지원 2017.03.10 2016고단2512

특정범죄가중처벌등에관한법률위반(도주치상)등

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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

On July 17, 2016, the Defendant driven a car at C Spanpo area around 04:35 on July 17, 2016, and led to bypassing the intersection of a three-distance crossing without the signal of front side road of 101, Seogu, Daegu-gu D apartment.

At the time, there are nights, and at the front of the road, there are crossings with the crosswalks, so in such cases, the driver of the motor vehicle had the duty of care to properly operate the front door, the steering gear, the steering gear, and the right side of the road in advance, while driving the right side of the road.

Nevertheless, the Defendant neglected this and led the Defendant to go back to the ground side of the instant vehicle driven by the victim E (24 years old) who driven the front part of the bicycle driven by the victim E (24 years old) toward the left side side of the instant vehicle in the direction of the Defendant’s driving, etc., and caused the victim to go beyond the ground side with the bicycle, and imposed the victim’s left side and the bicycle with the front side of the said vehicle’s right side of the said vehicle.

Ultimately, the Defendant, due to the above occupational negligence, caused the injury of the victim to the left-hand part of the lower-hand side, which requires approximately four weeks of medical treatment, such as green booms, and at the same time, escaped without taking necessary measures in the event of traffic accidents, such as immediately stopping a bicycle at the market price of KRW 230,000,000, which is owned by the victim, and providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. The application of statutes to an investigation report (with respect to failure to attach a quotation);

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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 of the Criminal Act:

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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