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(영문) 대구지방법원 2015.10.29 2015고단4204
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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 of B Poter cargo vehicles.

At around 19:30 on January 4, 2009, the Defendant driven the above cargo vehicle without a driver's license and made the front road of the "D cafeteria" located in the Gyeongsan City City to turn to the left from the front side of the Dong Do Do Do Do Do Do Do Do.

Since there is a center line of yellow-ray, there was a duty of care to dump the embankment well, accurately manipulate the steering and brake system, and not to fump the central line.

Nevertheless, the Defendant got the body of the victim E (the age of 70) who was walking on the surface of the D cafeteria from the rest of the Madern-dolle Korea where the central line was invaded and left left the left, to go beyond the road on the left side of the said cargo vehicle.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim, such as her bones, her mar, tension, etc., requiring medical treatment for about three weeks, even though her mar, her mar, etc., was inflicted, her escape without any identification measures after sending the victim to the F Hospital emergency room.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

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

1. Application of Acts and subordinate statutes of a medical certificate;

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;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] In a case where the basic area (including a person who has been specially punished) (including a serious effort to recover from damage)/illegalness) of the first category (in August-1 and June) after a traffic accident, the defendant committed the central line with a driverless driving without permission, thereby causing the instant accident and escape without taking identification measures, and thus, the criminal liability is not weak.

(b).

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