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(영문) 대구지방법원 영덕지원 2012.11.14 2012고단182
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is a franchisee and is engaged in driving motor vehicles.

On June 2, 2012, the Defendant driven the said car on June 11:48, 2012, while neglecting the duty of e-mailing from the bus terminal to the e-mailing area, and neglecting the right of e-mailing of the victim D(77 years old) who was under direct control of the transition area due to occupational negligence, while driving the said car at around 11:48, the Defendant went away without taking necessary measures, such as aiding and abetting the said e-mailing part of the victim D(7 years old) to the right-hand side of the said car and resulting in approximately 16 weeks back to the victim due to its shock, and destroying the above e-mail to ensure that the amount of 232,000 won for repairing the e-mail and stopping the bus immediately, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Each description of a traffic accident occurrence report, actual situation investigation report, chassis, investigation report (general)-report, F currency content of the reporter, one copy of the list of receipt and processing of criminal reports, investigation report (general)-report (general), internal investigation report (general), one written estimate, one written estimate, and one diagnosis report;

1. Application of each video statute in three copies of the accident site map, ten on-site photographs, and three on-site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing conditions are considered as favorable among the reasons for sentencing) is the law.

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