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(영문) 대구지방법원 2013.05.02 2013고단1507
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 Cone Star A.S. car.

Around 22:00 on October 30, 2012, the Defendant driven the above vehicle and proceeded with the Yongcheon-Gyeongju Industrial Complex located in the Sincheon-gu Geumcheon-si, Geumcheon-si, Geumcheon-si. However, the Defendant entered the quarterly point in order to move into the Sincheon-si, Sincheon-si, and continued two-lanes depending on the air condition of the Sincheon-si.

At night, the Defendant showed that the victim was on the road side at the time, and thus, a person engaged in driving service has a duty of care to check and drive the safety after reducing the speed and stopping the damage at sufficient intervals.

Nevertheless, the defendant's negligence of operating the above vehicle as it is and caused conflict between the victim D (the age of 29) who was walking on the right side of the defendant.

Ultimately, due to the above occupational negligence, the Defendant got the above victim to suffer injury, such as double-duplicating the right side, which requires medical treatment for about 12 weeks, and escaped without immediately stopping.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of D or E;

1. The actual condition of traffic accidents;

1. Each written diagnosis;

1. Detailed statement of automobile inspection and maintenance;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Although there is a major reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the defendant has no record of crime, the vehicle is covered by a comprehensive insurance, the victim has expressed his/her intention not to want the punishment, and the defendant has expressed his/her intention not to want the punishment.

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