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(영문) 대구지방법원 2019.11.28 2019고단5515
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 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 August 9, 2019, the Defendant driven the said car at around 07:25, and proceeded at a speed of about 50km from the surface of the export tower to the c market heading on the surface of the export tower with three-lanes.

The three-lanes of driving at the time are exclusive lanes for left-hand turn, so in such cases, the driver of the vehicle has a duty of care to safely turn to the left by properly operating the front side and the left-hand side and the left-hand side and the steering system.

Nevertheless, the Defendant neglected this and received the front portion of the victim D (Seoul, 41 years old) driving at the 4-lane in the same direction, which was left left at the same direction as it was due to the negligence of the Defendant, as the left part of the left part of the 650-to-hand-hand side of the Defendant’s car.

Ultimately, the Defendant, through the above occupational negligence, sustained injury to the victim, such as the impairment of stimule, gy, and stimule, etc., of the following arms or other stimule, which requires treatment for about two weeks, and at the same time, escaped without immediately stopping the victim, and taking necessary measures, such as providing relief to the victim, even though the Defendant damaged the victim’s stimule to have repair costs equivalent to KRW 4,9

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. The actual condition survey report;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to internal investigation reports (the analysis and attachment of CCTV images) and investigation reports (the investigation of vehicles under suspicion and damaged vehicles);

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;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act:

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