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(영문) 대구지방법원 의성지원 2019.07.04 2019고단115

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 BranHG car.

On April 4, 2019, the Defendant driven the above vehicle on April 05:25, 2019, and proceeded with the national highways No. 28, which were 1158-6, in the Geumsung-gun, Sungsung-gun, Sungsung-gun, Gyeongsung-gun, Gyeongsung-gun, Gyeongsung-gun, Gyeongbuk-gun, Gyeongsung-gun, Gyeongbuk-gun, Gyeongsung-gun

At the time, the victim C(30 years of age) driving vehicles are driving in the same direction as before the Defendant’s vehicle, so the Defendant, who is engaged in driving, has a duty of care to ensure safety distance, and to prevent the accident by keeping the front door and the left and right well.

Nevertheless, the Defendant neglected to do so and did not look at the front door of the victim’s vehicle and went into the front section of the vehicle. The Defendant received the front section of the victim’s vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injuries, such as salt, tensions, etc., of the entire species that require treatment between approximately two weeks to the victim, and, at the same time, did not take necessary measures to damage the victim’s vehicle to be repaired and run away without taking necessary measures, and installed the Defendant vehicle on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual situation and site photo, a criminal investigation report (on-site conditions), a CD one, a medical certificate, and a quotation;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point where measures are not taken after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the primary criminal defendant, and his mistake is recognized and divided, and the defendant seems to have escaped from the scene of crime by contingency.