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(영문) 의정부지방법원 고양지원 2017.04.20 2017고단558

특정범죄가중처벌등에관한법률위반(도주치상)

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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 became final and conclusive.

Reasons

Punishment of the crime

On January 1, 2017, the Defendant driven B-learning passenger cars by business operations around 02:48, and was driving three-lanes in front of the Sinsan-dong, Busan-gu, 1256, in the ancient city. The Defendant was driving along one-lane from the department store to the west of the 1256-ro.

At night, the crosswalk was installed at the front of the road at night, and the pedestrian signal of the victim C(25 ) was placed in the front of the road at the front of the road, and the above crosswalk was cut down on the left side from the direction of the defendant's proceeding with the red signal of the pedestrian.

In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by reducing speed and driving a motor vehicle safely by taking into account the right and right of the front side of the road, but the defendant neglected to do so and proceeded as it is, thereby allowing the victim to use the road on the front side of the motor vehicle.

Defendant 1 suffered injury to the victim, such as mination of culvers on the right side, which requires approximately 14 weeks of treatment due to such occupational negligence, and the victim immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes by cutting down a black stuff image;

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. For the reason of sentencing under Article 62(1) of the Criminal Act, the victim suffered serious injury due to the instant accident.

Nevertheless, the Defendant did not take any measures and escaped.

However, it is against the defendant, and it is the first offense.

As the defendant agreed with the victim, the injured person does not want the punishment of the defendant.

A pedestrian crossing shall be installed in the event of an accident.