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(영문) 대구지방법원 2015.07.23 2015고단309

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 rocketing car.

피고인은 2014. 9. 27. 18:25경 위 차량을 운전하여 경산시 D 앞 골목길을 한국전력 경산지점 쪽에서 중앙동 주민센터 쪽으로 불상의 속도로 진행하다가 전방 주시 의무를 태만히 한 과실로 전방에서 씽씽카를 타고 있던 피해자 E(6세)의 턱 부분을 위 차량의 앞 범퍼 부분으로 들이받아 피해자로 하여금 도로에 넘어지게 하였다.

Ultimately, even if the Defendant suffered from the injury of the right edge, the right knife, the knife, the knife of the knife, the knife of the knife, etc., which requires treatment for the victim by occupational negligence above, and escaped without taking necessary measures such as aiding the victim

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of each police interrogation protocol against the accused;

1. Statement to E by the police;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to the traffic accident occurrence report and the actual survey report;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

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

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommending punishment] The case where a minor injury occurs (the person subject to special mitigation) in the mitigated area (6 to 10 months), after a traffic accident (the case of a person subject to special mitigation) [the sentence 1 and 2] / the defendant left the scene without taking proper measures, such as giving contact information to the victim or finding the parents of the victim, etc. immediately after the accident of this case. The punishment for the crime is not easy.

However, even if the victim's injury is not severe even if it is committed, the victim's injury is not severe.