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(영문) 대구지방법원 2019.09.26 2019고단3691
특정범죄가중처벌등에관한법률위반(도주치상)
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On May 24, 2019, the Defendant driven the said car on May 12:41, 2019, and led the following roads of the D elementary school located in Daegu Suwon-gu C to drive the said car at an aesthetic speed from the front side of the D elementary school to the front side of the D elementary school.

Since there are frequent traffic of students in a children protection zone, in such a case, a driver of a motor vehicle has a duty of care to live well on the front side and the left side of the motor vehicle and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, by negligence of neglecting the duty of Jeonju City, the defendant was faced with the front part of the above car driving by the defendant, such as the victim E (the age nine) who crosses the road from the right side of the progress direction of the defendant to the left side.

Accordingly, even though the Defendant suffered injuries such as salt, tension, etc. in need of treatment for about two weeks, the Defendant immediately stopped and escaped without taking necessary measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. A report on internal investigation (Attachment to CCTV image data for crime prevention), CCTV-cape photographs;

1. A report on internal investigation (Attachment of a medical certificate) and a medical certificate;

1. Application of Acts and subordinate statutes to a report on internal investigation (additional medical certificate) and 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. The scope of recommendations according to the sentencing guidelines on the grounds of sentencing under Article 62(1) of the Criminal Act (the sentencing guidelines) shall be sentenced to imprisonment with prison labor for the basic area of escape [the scope of recommendations and recommendations] after bodily injury [the scope of recommendations and recommendations] after traffic accident [the scope of recommendations and recommendations], eight months to one year and six months [the scope of recommendations corrected according to the applicable sentences] after traffic accident.

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