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(영문) 대구지방법원 2015.06.18 2014고단5343
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by imprisonment without prison labor for 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 driving a motor bicycle of D 125CC.

On January 7, 2014, the Defendant driven the above motorcycle on January 12:10, and came to cross the road from the direction of the nearest point of the F half point in Daegu Dong-gu E.

In such cases, a person engaged in driving of a motorcycle has a duty of care to temporarily stop the driver before crossing the delivery and to safely drive the front door and the left and the right, and to prevent accidents.

Nevertheless, the Defendant neglected this and did not temporarily stop, and instead proceeded to the upper left side of the bicycle lane driven by the victim G (Y, 52 years old) who moved to the right side from the left side of the bicycle lane.

As a result, the Defendant had the victim go beyond India due to the above occupational negligence, and suffered approximately seven weeks of medical treatment from the victim, such as the upper part of the upper part of the upper part of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. A written diagnosis of victims;

1. CCTV video CDs;

1. Application of the Acts and subordinate statutes to the traffic accident occurrence report and the actual survey report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (4 to 10 months) of the first type of general traffic accident (the injury caused by traffic accident) [decision of sentence] [Judgment of sentence] Defendant is a person who has been sentenced one time to a fine due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2011, again caused the instant accident, again, and the victim suffered serious injury to the extent that he/she should receive hospitalized treatment for a considerable period.

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