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(영문) 대구지방법원 경주지원 2015.01.06 2014고단655

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 of a friendly tank freight truck.

On March 17, 2014, the Defendant driven the above cargo vehicles around 08:10 on March 17, 2014, and moved to the right-hand side of the road, at the right-hand side of the front of the Sin-dong, from the front of the Sin-dong.

At the same time, the victim E (the 11 year old) is driving on the right side of the course, so there was a duty of care to prevent accidents in advance by safelypassing the vehicle at sufficient intervals while looking at the attitude of the driver.

Nevertheless, the defendant neglected this and caused the victim to shock the front wheel part of the cargo vehicle by the negligence of bypassing the right side of the cargo vehicle as it is, and the bicycle ped the victim's front wheel part of the cargo vehicle, and the bicycle pedle to the right side part of the cargo vehicle.

Ultimately, the Defendant, by negligence in the course of performing such duties, sustained injuries on the knee part of the knee part and the knee part of the knee part, and escaped without immediately stopping a bicycle equivalent to KRW 250,000 at the market price and without taking measures such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Part of the prosecutor's office and police interrogation protocol of the defendant

1. Each police statement of E and F;

1. The actual condition survey report;

1. On-site photographs;

1. A medical certificate;

1. Application of two Acts and subordinate statutes to a written estimate receipt; and

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

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

1. Selection of imprisonment with prison labor chosen;

1. The extent of damage under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is relatively insignificant, and the defendant is a defendant.