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(영문) 대구지방법원 상주지원 2015.01.13 2014고단613

특정범죄가중처벌등에관한법률위반(도주차량)

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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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a C Poter, a stable, and a caps.

On October 25, 2014, at around 17:06, the Defendant driven the above cargo vehicles, and had 1575 front roads run on the surface of the boom-Eup, Chang-gu, Chang-gu, Chang-gu, 1575.

At this point, there is a road in front of the outer location of the Eup where the central line is installed, so the driver of the motor vehicle has a duty of care to prevent accidents by properly examining the situation of the road and safely proceeding in response to the road situation.

Nevertheless, the Defendant neglected this and got the center line over to overtake the E-to-land driving of the victim D(70 years old) who was going on the front side of the driving direction, and returned to the back of the loading box of the above cargo while returning to avoid the non-authorized color car, the Defendant got the above part of the left knife of the above cargo, and got the above knife over the road.

Ultimately, even if the Defendant suffered from the injury of the victim, including the cage cage cages at least five weeks of medical treatment due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The area of mitigation (6-10 months to escape after bodily injury) (special mitigation) of the mitigated area (6-10 months) after traffic accidents, the defendant's decision of sentence] was smoothly agreed with the victim, and the defendant's age, character, conduct and environment, and age of the defendant.