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(영문) 대구지방법원 김천지원 2017.09.26 2017고단882
특정범죄가중처벌등에관한법률위반(도주치상)
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 engaged in driving a motor vehicle B with detached motor vehicles.

On May 14, 2017, the Defendant driven the said car at a level of 05:45, and proceeded ahead of the Indian East Post Office, located at the center of the East East East-do, in one way from the direction of the East-do Police Station, to the direction of the East-do Police Station, and led to a right way to the latter part of the Daegu Bank.

A person engaged in driving motor vehicles has a duty of care to prevent accidents by accurately operating the steering gear and brakes well-being the traffic situation in the future when changing course and accurately.

Nevertheless, due to the negligence of neglecting this, the Defendant neglected it, and followed the right side of the Defendant, and followed the part of the Dworka car, which was driven by the victim C (50 tax) (50) operating along the two-lanes of the above road, into the right side of the Defendant.

Ultimately, the Defendant, by occupational negligence as seen above, sustained bodily injury, such as satisf, etc., in need of medical treatment for about two weeks, but did not immediately stop and take necessary measures, such as aiding and abetting the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A investigation report (fluor booms and CCTVs of commercial buildings);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of imprisonment with prison labor;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] The area of mitigation (from six months to one year) (a person who has been specially mitigated] shall not be punished after traffic accidents;

2. The defendant shall be sentenced to an automobile;

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