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(영문) 대구지방법원 포항지원 2015.05.27 2015고단102

특정범죄가중처벌등에관한법률위반(도주차량)

Text

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a passenger car in C Do.

On January 13, 2015, the Defendant driven the above car at around 06:10, and became to turn to the left at a speed of about 50 kilometers per hour on the side of the Ocheon-gu, Southern-gu, the road of three lanes in front of Drenca at the south-gu, Chungcheongnam-gu, the south-gu, the territorial port.

At the time, there is a crosswalk where a signal, etc. is installed, so it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who gets on a way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, even though the vehicle's progress signal has been neglected, it continued to proceed at the same speed, and it did not find out the victim F (50 years old) who cross the crosswalk from the right side to the left side according to the pedestrian's signals, and the defendant did not get the victim's dead part as the whole on the left side of the vehicle driving by the defendant, and exceeded the ground.

Ultimately, even if the Defendant was to suffer injury, such as the left-hand bed and the left-hand bed of the victim, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the confession of the defendant, the fact that an agreement has been made with the victim, the fact that the defendant has no criminal record of a fine or heavier punishment);