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(영문) 대구지방법원 2014.08.21 2014고단3450

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 18, 2014, at around 13:45, the Defendant: (a) driven a motor vehicle of hurburd C, and neglected to perform the duty of surging down-to-face driving at the front of the Defendant’s vehicle due to occupational negligence while driving the road before the e-faced passenger vehicle of the victim D (ma, 44 years old) which was under way in the front of the Defendant’s vehicle, while driving the motor vehicle of 13:45, the Defendant neglected to perform the duty of surging down-to-face driving at the e-face of the victim D (ma, 4 years old) which was under way in the front of the Defendant’s vehicle and caused the victim D to undergo approximately two-day medical treatment; (b) caused the victim of the damaged motor vehicle (nor 36 years old), and at the same time, caused the damaged motor vehicle to suffer the injury, such as surgical salt and tension, and did not take measures as necessary to exchange the damaged motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Accident site and vehicle photograph;

1. Each written diagnosis;

1. Application of the written estimate 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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture [the scope of recommendation] The case where a minor injury (the person subject to special mitigation) occurs in the area of special mitigation (the period of March to October) after a traffic accident (the period of special mitigation) (the period of 1 and 2), and the case where a person subject to special mitigation (including efforts to recover damage) [the decision of sentence] imprisonment with prison labor for 8 months and suspended sentence for 2 years, and the defendant escaped without taking measures such as aiding victims after the accident.