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(영문) 광주지방법원 2018.02.06 2017고단4292

특정범죄가중처벌등에관한법률위반(도주치상)

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 a period of 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 C mother car.

On June 4, 2017, the Defendant driven the above car at around 20:30, while driving the vehicle at around 20:30, the Defendant continued to drive the road at a one-lane prior to the Dong-dong, which is located in the Yeong-gun, Young-gun, Young-gun, Seoul, with the speed of the U.S. at a remote distance from the Gung Agricultural and Industrial Complex.

At the time, the road construction is at night, which is the length of the bend and the road construction was in progress, and there was a car driving the headlight on the opposite lane, so in such a case, there was a duty of care to reduce the speed and to prevent the accident by driving the vehicle safely and safely.

Nevertheless, the Defendant neglected this and did not discover the victim D (at the age of 55) due to the negligence of proceeding at the same speed, and did not discover the victim D (at the age of 55) and caused the victim to go beyond the ground with the front part of the passenger car.

Ultimately, even if the Defendant suffered from an injury to the left-hand fluor of the 8 weeks left-hand side, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Statement made by the police against D;

1. On-site photographs of traffic accidents;

1. A survey report on actual conditions;

1. Photographss related to traffic accidents;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (Selection of Imprisonment) concerning the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to provide community service, the order to attend lecture, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection (Defendant vehicle).