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(영문) 대구지방법원 2014.09.04 2013고단6829

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service C.

At around 10:50 on September 28, 2013, the Defendant had the entrance prior to the restaurant located in the Jindong-ri, Haak-gu, Gyeongdong-gu, Haak-gu, Haakdong-gu left left the left at the right-hand left-hand from the dwardebridge.

At this point, there is a center line of yellow solid lines, so in such cases, a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely drive the car line.

Nevertheless, the defendant neglected this and went to the left left without neglecting it, caused the victim to go beyond the ground floor of the victim D (I, 65 years old) driving on the part of the victim D (I, I, 65 years old) who was going to the right side of the Ethtop in the front part of the defendant Oral Sea.

Ultimately, the Defendant, by the above occupational negligence, committed a traffic accident involving the victim’s injury, such as the mouth of the left-hand side, which requires approximately 12 weeks of medical treatment, and did not immediately stop and abscond without taking measures such as providing relief to the victim.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

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 committed;

1. Selection of punishment and limited imprisonment;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] There is no basic area (8 to 1 year and 6 months) of the first type of escape after traffic accident (the escape after bodily injury) [the decision of sentencing] [the defendant has a history of being punished twice as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents] [the decision of sentencing], in particular, the defendant was sentenced to two years of suspended sentence to 8 months of imprisonment without prison labor due to a traffic accident causing the death of the victim, and the road was driven again.