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(영문) 대구지방법원 2015.01.29 2014고단5309
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not more than ten 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 who is engaged in driving a car B i30.

On July 10, 2014, the Defendant driven the said car at around 20:50, and moved to the direction of the 2nd direction of the community credit cooperatives in the direction of shift from the direction of shift to the street crossing without any signals, etc. in front of the D Gameland in Daegu-gu C.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately examining the front side and the left side and the left side, and by accurately keeping the equipment, steering, and brakes.

Nevertheless, the Defendant neglected to do so and did not discover the Victim E (I, 15 years old) who was sitting on the right side of the Defendant’s proceeding due to the negligence of bypassing it, and received the victim from the front right side of the Defendant’s car.

Ultimately, even if the Defendant suffered injury to the victim due to the above occupational negligence, such as the injury of the structural frame and the damage of the structural part of the structural part of the river, the Defendant did not take necessary measures, such as sending the victim to the hospital or informing the Defendant of the contact information.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

1. A medical certificate;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to investigation reports (report on recording of telephone statements);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment with labor concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures causes the accident of this case even though the defendant escaped, the liability for the crime of this case is not easy. However, the defendant's mistake is divided and reflected, the defendant deposited 3 million won for the victim, the driver's vehicle was subscribed to the comprehensive automobile insurance, and the defendant has no criminal record of a stay of execution or more.

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