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(영문) 대구지방법원 2020.01.09 2019고단5763
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

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 who is engaged in driving a B-Wood vehicle.

Around 10:10 on September 6, 2019, the Defendant driving the said car at a speed of 10:0,000, and, at the same time, the driving of the said car and the two-way lanes in Yongcheon-si, the two-way lanes in Yongcheon-si and the two-way lanes in Yongcheon-si.

Since there is no signal signal, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce speed and to see well the right and the right of the road, and to drive safely.

Nevertheless, the Defendant neglected this and proceeded along as it was due to his negligence, and the victim E (the age of 85) walking along the crosswalk from the right side of the vehicle driving in the right side of the Defendant’s vehicle to the left side of the crosswalk was received.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the right-hand garrising and crushing the garrising to the victim, which requires treatment for about seven weeks, but did not immediately stop and take 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 medical certificate;

1. Application of the investigation report (CCTV image attachment), photographic Acts and subordinate statutes;

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. The scope of recommendations according to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence [the decision of a type] following traffic accidents [the first type] and the escape [the special person] after bodily injury (including efforts to recover damage): Reduction element: Reduction element [the recommended field and recommendation range] mitigation range, six months to one year [the range of recommended sentences corrected by applicable sentences] sentenced to imprisonment, the lower limit of sentence range recommended by the sentencing guidelines for one year, is the lower limit of the applicable sentencing range under law.

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