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(영문) 대구지방법원 포항지원 2021.02.17 2020고단1559
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Criminal facts

The Defendant is a person who is engaged in driving a rocketing car.

On July 1, 2020, the Defendant driven the above car on July 1, 2020, and proceeded directly from the 3-lane to the square of the 156-lane Industrial Bank at the north-gu, the north-gu, the north-gu, the north-gu, Seoul.

Since it is at night at the time, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to check the safety of the route and to prevent accidents by driving the motor vehicle with a view to driving the motor vehicle.

Nevertheless, by negligence, the defendant neglected this, caused the victim to go beyond the floor by shocking the left-hand side of the victim C (Y, 54 years old) who was walking on the three-lanes of the road into the right-hand side of the vehicle of the defendant.

Ultimately, even though the Defendant suffered injuries, such as cutting the dus of the dus of the dunes that require medical treatment for about four weeks, and dus of the dus of the dus of the dus of the victim, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant in the police interrogation protocol against the defendant (the denial of the defendant's escape crime because he/she was unable to recognize the fact of accident);

1. Part of the statements made by the police in relation to C, each police protocol on the defendant and D;

1. A copy of a report on the occurrence of a traffic accident, a photograph at the scene of the accident, a traffic accident report, a CCTV image-fix photograph, each CCTV image screen, a copy of the report processing case list 112, a medical record, etc., and a photograph of the accident vehicle;

1. Medical certificate (C);

1. Reports on internal investigation and the application of the Acts and subordinate statutes governing investigation reports;

1. Relevant law of the crime, Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and choice of imprisonment with prison labor for a limited term;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The judgment recognizing the principal offender of Article 62-2 of the Criminal Act, such as the observation of protection, community service, and order to attend lectures.

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