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(영문) 대구지방법원 서부지원 2018.03.30 2017고단1531

특정범죄가중처벌등에관한법률위반(도주치상)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a B-si driver.

On March 6, 2017, the Defendant driven the above taxi on March 22:32, 2017, and led the front of the new site of the 1095 movable Hospital to proceed along the three-lanes of the five-lane road, from the new four-lane boundary of the new four-lane road to the new one.

At the time, a person engaged in driving at night has a duty of care to live well on the right and the right and the right and the right, and to properly manipulate the steering gear and the system so as to prevent accidents.

Nevertheless, the Defendant neglected the duty to see on the right side of the taxi, and caused the victim to go beyond the road by focusing on the victim C's left side crossing the right side from the left side of the taxi.

In the end, even though the Defendant suffered injury, such as the left-hand 1, 2, 3, 4, and 5 double-breculing pulverization on the left-hand side in need of approximately eight weeks of treatment due to occupational negligence, he immediately stopped and escaped without taking measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A C’s statement (the occurrence of traffic accidents);

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

1. Medical certificate (C);

1. Investigation reports (vehicles and photographs of checking of the vehicle that is subject to on-site collection and distribution), investigation reports (specific to the suspect), investigation reports (in cases of DNA booms), investigation reports (in cases of traffic accident analysis), and the application of Acts and subordinate statutes notifying the results of traffic accident analysis;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of imprisonment with prison labor;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the Defendant acknowledges and reflects his mistake; (b) the Defendant agreed with the victim, and the victim does not want to be punished against the Defendant; (c) the victim was crossinged without permission at the time of the accident; and (d)