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(영문) 대구지방법원 서부지원 2017.04.20 2017고단200
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car in Cone Star.

On December 5, 2016, around 19:20, the Defendant driven the said car on the road in front of the “E” located in the Seongbuk-gun, Seongbuk-gun, and led to the flow of the said car at a ethic speed from the ethic off to the ethic seat of the ethic.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to temporarily stop immediately before the intersection and to prevent accidents by driving another traffic.

Nevertheless, the defendant neglected this and led the victim F (47 Do) driving to the port from the right side of the driver's car of the defendant to the port due to the negligence of the defendant's failure, so that the front side of the passenger's car of the victim F (47 Do) driving is to receive the rear side of the driver's car.

Although Defendant 1 suffered injury to the victim, such as salt, tension, etc. in the chilling field, which requires approximately three weeks of medical treatment due to such occupational negligence, Defendant 1 left the place and escaped without immediately taking measures such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. A medical certificate;

1. Application of the Acts and subordinate statutes of the criminal place, report on the occurrence of a traffic accident, actual investigation report, field photograph, and written statement on the occurrence of a traffic accident, the next red inquiry;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The damage suffered by the victim in the mitigation area (including six months to one year), the mitigation area (including a person with a special mitigation), the non-execution of punishment (including a serious effort to recover damage) [the decision of sentence].

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