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(영문) 서울동부지방법원 2021.02.09 2020고단3880

특정범죄가중처벌등에관한법률위반(도주치상)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in the business of driving B Costaex vehicles.

On July 10, 2020, the Defendant driven the above vehicle around 14:30 on July 14, 2020, and the Seoul Songpa-gu Seoul Metropolitan Government and the front house driven the road at a US speed in the direction of the Dong community center in the direction of the 1st Dong community center at the D elementary bank.

Since the road was one-way and the house was the side of the house, there was a duty to refrain from entering the direction of prohibiting entry to the driver of the vehicle, and to safely operate the vehicle so as not to occur to the pedestrian and accident.

Nevertheless, the Defendant neglected to do so and proceed in the direction of prohibiting entry, and neglected to perform his/her duty at the front direction, and the Defendant was the victim E ( South and eight years old) who was up to his/her own discretion on the right side of the proceeding direction, with the front part of the above vehicle.

Ultimately, even though the Defendant suffered from an injury, such as acute stress disorder, external stress disorder, etc., which requires recreation for three-month period, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Application of the statute of the next time to the medical examination report prepared by the defendant on the F's legal statement;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six to fifteen years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the range of the recommended punishment] shall be the area of special mitigation [the range of the recommended punishment and the range of the recommended punishment] after traffic accidents [the category 1], and escape [the person subject to special sentencing] after bodily injury [the person subject to special sentencing] - the motive for crime, where there are particularly extenuating circumstances, including the source of punishment [the scope of the recommended punishment and the scope of the recommended