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(영문) 대구지방법원 2015.06.11 2015고단1763
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six 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 Bunst sports booms.

On March 4, 2015, the Defendant driven the above cargo vehicle at around 19:20, and proceeded at the speed of 1 lane in front of the D cafeteria located in Busan Metropolitan City, from the D Round to the rash intersection.

At the same time, there was a victim E (the age of 83) at the right edge of the road driving direction, so in such a case, a person engaged in driving service has a duty of care to accurately operate the steering gear and operation safely.

Nevertheless, the Defendant neglected this and went away without taking necessary measures, such as providing relief to the victim, even though he was unable to stop immediately, by going beyond the part of the right bridge of the victim with the front side of the above cargo vehicle, and suffered multiple scams, etc. requiring treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] The mitigated area (including a person who has been specially mitigated in June to October) [including efforts to recover damage] mitigated area (including a serious effort to reduce damage] [decision of a sentence] under Article 62(1) of the Act on the Suspension of Execution (including a fine 4 times and a suspended sentence 1 time) of the Act on the Punishment of Road Traffic, etc., although the defendant had several records of having been punished due to a violation of the Road Traffic Act, etc., it is not easy that the crime of the defendant escaped without taking measures under Article 54(1) of the Road Traffic Act

Provided, That the extent of the victim's injury is not severe, the fact that the victim has agreed with the victim smoothly, the fact that it is against the victim, and other matters.

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