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(영문) 대구지방법원 2020.09.15 2020고단3327

특정범죄가중처벌등에관한법률위반(도주치상)

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 engaged in driving a rocketing car.

On May 7, 2020, the Defendant driven the above vehicle on May 21:45, 2020, and driven the three-lane road in front of the DNA Party C located in Daegu North-gu, Daegu, along three-lanes from the apartment side to the educational dynamic.

At night, in such a case, there was a duty of care to prevent accidents in advance by accurately operating the steering gear and steering the steering gear to the person engaged in driving of the motor vehicle at night.

Nevertheless, the Defendant neglected this and proceeded along as it is, by negligence, received the part on the right side of the victim F (Nam, 50 years old) who was towing a bicycle on the right side of the running direction of the Defendant, from the left side of the vehicle operated by the Defendant.

In the end, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as the escape of the left-hand body, which requires treatment for about six weeks, but immediately stopped, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to the report on the occurrence of a traffic accident, the actual survey report, on-site photographs, and medical certificate;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The range of recommendation [decision of type] according to the sentencing criteria for traffic crimes, and the escape [special person] mitigation element after causing bodily injury] after traffic accidents, the escape [the range of recommendation field and recommendation range] mitigation range;