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(영문) 인천지방법원 2018.04.04 2017고단8559

특정범죄가중처벌등에관한법률위반(도주치상)

Text

A defendant shall be punished by imprisonment for not more than ten 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 Crane car.

On August 20, 2017, the Defendant driven the above car at around 02:00, and driven the above car at around 40km in the speed of about 40km in the speed of 40km, from the private distance of 623 new reproduction street to the front of the 623 new reproduction street in Incheon Bupyeong-gu.

This is an intersection where signal lights are installed, and there was a rain, and it was difficult to view the view at night, so a person engaged in driving a motor vehicle has a duty of care to check the right and the right of the front and the right of the motor vehicle and drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and proceeded to a remote slope, and even after being able to do so, the Defendant was placed on the right side of the victim D (V, 42 years old) who opened a crosswalk in accordance with the pedestrian signals from the door of the offside of the apartment park, and was placed on the front side and head side of the victim D (V, 42 years old) who opened the crosswalk in the crosswalk.

Ultimately, even though the Defendant suffered from an injury to a victim, such as blood transfusion, etc., due to the above occupational negligence, the Defendant immediately stopped and left the scene without taking necessary measures, such as aiding the victimized person, even though he/she did not suffer from an injury to the victim, which requires a 8-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of each statute on photographs;

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. Consideration under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the same Act (see, e.g., Supreme Court Decision 2009Da15489

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;