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(영문) 대구지방법원 서부지원 2017.01.06 2016고단2236
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:00 on October 5, 2016, the Defendant driven a wing truck with B, and led D front roads located in Daegu-gu, Seogu, to the middle school from the dynamic apartment zone to the 30km from the death of the deceased apartment zone.

At night, the victim E(69) is going on the right side of the road at night, and in such a case, the driver of the motor vehicle has a duty of care to check and drive the damage or safety at sufficient intervals while reducing the speed in advance.

Nevertheless, the defendant neglected this and got the victim to go beyond the ground by taking the left shoulder and the back part of the victim's left shoulder and head in the front part of the above cargo vehicle due to negligence.

Although Defendant 1’s negligence in the above occupational negligence suffered injury to the victim, such as leg or other impairment of salvity, etc., the victim immediately stopped and escaped without taking measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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 to mitigate small amount;

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

1. Consideration of agreement with the victim with the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the person has subscribed to the comprehensive motor vehicle insurance, the primary fact, the fact that the person is against himself/herself, age, etc.;

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