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(영문) 대구지방법원 상주지원 2018.05.01 2017고단499
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CF rocketing car.

At around 18:45 on October 31, 2017, the Defendant driven the above car, and had the road adjacent to the Socheon Doctrine, which is located in the Johwon at the time of residence, proceed from the right side of the Cheongri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri.

At the time, there is a road of one-lane in which a median line is installed at night, and there is a three-distance intersection between national highways and a national highway on the front bank, so the driver of the vehicle has a duty of care to live well around and properly operate steering gear and brakes according to road conditions and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not discover the victim D(62) located on the right side of the running direction of the Defendant, and did not discover the victim D(62) on the right side of the Defendant’s driving car and had the victim use it on the floor with the right side of the Defendant’s driving car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the blood species, etc. on the part of the victim for about six weeks of medical treatment, but did not immediately stop and take necessary measures, such as aiding the damaged person, and escaped as it is.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to E and F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on internal investigation (No. 3 in the list of evidence), each investigation report (No. 13 through 15, 19, 20 in the list of evidence);

1. A protocol of seizure and a list of seizure;

1. A medical certificate;

1. Application of photographic Acts and subordinate statutes, such as site photographs and accident vehicles;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protection observation and:

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