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(영문) 대구지방법원 김천지원 2014.10.15 2014고단683

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a three-dimensional vehicle.

Around 09:50 on May 9, 2014, the Defendant stated "09:55 in the indictment." However, when examining the 119 reporting time (29 pages) and the black stuff image (68 pages) as stated in its reasoning, the time of the accident can be seen as stated in its reasoning. Thus, there is no concern that the Defendant might be any substantial disadvantage in exercising his/her right to defense, and thus, it is recognized as stated in its ruling without any changes in the indictment.

In order to enter the above elementary school in front of the valleyi elementary school located in the Shicheon-si Kimcheon-si, the above vehicle was operated and moved to the right direction in the right direction.

Since there is a frequent passage of pedestrians, there was a duty of care for those who are engaged in driving of motor vehicles to live well, and to safely drive the motor vehicle to prevent accidents.

Nevertheless, the defendant neglected to do so and was negligent, and the victim D (75 years old) who was performing the first work on the right side of the passenger vehicle volume of the defendant was the front front of the passenger vehicle volume of the defendant.

The Defendant, due to the above occupational negligence, sustained injury to the victim, such as the removal of the body frame, which requires approximately seven weeks of medical treatment, and went away without immediately stopping and taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement of E, F, and D;

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

1. Report on internal investigation - 112 Declarations and 119 Declarations;

1. Each investigation report (Attachment to a caps of aero, an elementary school, CCTV images, and a fluorial vehicle booms image caps);

1. A medical certificate;

1. Application of CD images (Chapter 4)-related Acts and subordinate statutes;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.