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(영문) 대구지방법원 포항지원 2016.04.21 2016고단94
특정범죄가중처벌등에관한법률위반(도주차량)
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

On November 17, 2015, the Defendant driven a B observer car at around 23:50, and driven a B observer car at the port of port, and led to a two-lane road in front of the D stations located in North-gu C at the port of port to the port of port at about 50 km each hour from the Yong-gu side.

A person engaged in driving motor vehicles has a duty of care to prevent accidents by safely driving motor vehicles by checking the front side and the left side.

However, the Defendant neglected to do so and went through a two-lane of the road as it is, instead of negligent negligence, brought the side gate of the victim E (IS 47 years old) who was seated on the two-lane right side of the road, into the part front of the right side of the Defendant car.

Although Defendant 1 suffered about 12 weeks from the victim’s occupational negligence, he immediately stopped and did not take necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A traffic accident report, and on-site photographs at the time of the first dispatch;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant law and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, and the choice 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 sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act for protection and observation and the order to attend a lecture [the scope of recommended punishment] , where there is a substantial negligence on the occurrence of traffic accidents or the expansion of damage even to the victim, the victim is not subject to punishment (including a serious effort to recover damage) / Where a serious injury has occurred, or where there is a significant risk of life due to escape [the sentence of punishment 1 and 2] is unfavorable.

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