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(영문) 대구지방법원 2018.07.12 2018고단612
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On December 3, 2017, around 17:50 on December 3, 2017, the Defendant moved back the front road of the E-cafeteria in Daegu-gu D to the four-distance outflow of the south-gu office.

Since a crosswalk is installed, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a person who gets a road by reducing speed and checking the right and the right of the road well and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and got the Victim F (M, 57 years old) who was a victim with a crosswalk due to negligence while driving the crosswalk, and was in front of the starboard and right side of the si.

Defendant 1’s occupational negligence caused injury to the victim, i.e., the Plaintiff’s freshion of the upper half of the upper half of the 6 week left-hand body, which requires approximately 6 weeks of medical treatment, and the Defendant left without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Photographss related to traffic accidents;

1. Investigation report (Analysis of video recording data of CCTVs at the scene of an accident);

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written diagnosis of a victim);

1. Relevant 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 and the selection of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Standard of sentencing for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] The defendant's age, occupation, and occupation are as follows: (a) type 1 (the escape after bodily injury) in the mitigated area (6 months to 1 year) in the mitigated area; (b) the victim and the victim who were not subject to punishment (including the efforts to recover damage); (c) the defendant had no record of criminal punishment; and (d) the defendant's age, occupation.

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