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(영문) 광주지방법원 순천지원 2016.06.22 2016고단72

특정범죄가중처벌등에관한법률위반(도주차량)

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 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 of the BRavi other car.

On December 21, 2015, the Defendant driven the above car at a speed of 07:20,000, and driven the two-lane road in front of D, which is in net City C, with one-lane from the long long distance to the long long distance.

It is a place where a crosswalk is installed in the vicinity, and the width of the road is not wide, and there is a person crossing the road at a place other than the crosswalk. Since it is difficult to secure the passage of the road at the time due to a situation where it is difficult to secure the passage of the road at the time, the driver of the motor vehicle has a duty of care to ensure that there is a person driving the motor vehicle, who is engaged in driving the motor vehicle thoroughly and thoroughly handles the steering direction and brakes of the motor vehicle to prevent accidents by accurately manipulating the steering direction and brakes of the motor vehicle and to prevent accidents.

Nevertheless, the defendant did not discover the victim E (IS 79 years old) who was crossing the road on the right side from the left side of the running direction of the defendant due to the negligence of neglecting the front city, and did not discover the victim E (IS 79 years old) and shocked the victim on the right side of the vehicle.

Ultimately, even though Defendant 1 suffered injury to the above victim by negligence in the above occupational negligence during about 12 weeks of treatment, the above victim immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

The application of Acts and subordinate statutes to a written statement of traffic accidents involving the defendant's legal statement E, each CCTV image photograph examination report

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;

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

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

4. Social service order under the Criminal Act.