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(영문) 대구지방법원 의성지원 2013.04.18 2013고단48
특정범죄가중처벌등에관한법률위반(도주차량)등
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 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 the operation of the two or more different kinds of vehicles.

On February 16, 2013, at around 19:00, the Defendant driven the above marbing to a drinking condition (no blood alcohol concentration can be specified) and led to the speed of about 40 to 50 km at the speed of about the speed of 50 km from the gold surface to the gold surface in the gold surface. At night, the Defendant was at night, as a road adjacent to farmland, a victim C (72 years of age) was getting on and going on a bicycle according to the right side of the road, and thus, the Defendant was obliged to pay attention to prevent accidents in advance by driving safely while checking the traffic situation on the front side of the road.

Nevertheless, the Defendant neglected this and failed to discover the victim’s bicycle, and suffered injury to the victim by taking the back part of the bicycle in front of the right side of the bicycle, such as the frame and closure of the non-abstinct part which requires treatment for about six weeks, and at the same time, destroyed the victim to damage the 150,000 won of the bicycle repair cost, and escaped without taking measures such as aiding the victim, even though there was a difference in oil products, such as the white blur of the passenger car on the road, etc., the Defendant immediately stopped the vehicle and escaped without taking measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident occurrence report, actual condition survey report, field photograph, diagnosis report, and written estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying and damaging property);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Suspension of execution has been repeated under the favorable circumstances among the reasons for sentencing under Article 62(1) of the Criminal Act.

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