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(영문) 의정부지방법원 2018.07.11 2018고단2002

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for one year.

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 of freight vehicles B, sexual harassment, or cargo vehicle.

Around 05:50 on March 17, 2018, when the Defendant driven the above bicycle on the front part of the above bicycle, and proceeds from the operation of the T (68 years old) in the area of the Priju Hospital located in the Priju City in Gyeonggi-do, the Defendant failed to find out the victim E (68 years old) who was driving a bicycle on the surface of the Priju Priju Hospital due to occupational negligence without properly seeing the right and the right and the right and left at the Priju Hospital, and escaped without taking necessary measures, such as aiding the above bicycle front part of the Defendant’s driving, causing injury to the victim, such as light blood transfusion, which requires treatment for about 8 weeks, and saving the injured person.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. CCTV images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and imprisonment with prison labor for the crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court] The special mitigation area (the number of persons, the number of persons not subject to punishment, the number of persons not subject to punishment, March 1) of the Special Mitigation Area (the number of persons, the number of persons not subject to punishment, and the number of years from March 1) [the sentence] caused by traffic accidents caused by the defendant, and even though the damaged person on board a bicycle suffers serious injury, such as the blood transfusion, the defendant attempted to inspect the state of the victim who was temporarily set out in the vehicle and failed to take necessary measures.

There is no good quality of crime and there is a focus on the case.

However, it appears that the defendant has no criminal history, and that his mistake seems to be repented in depth, and that the injured party has not been punished for the defendant by mutual consent with the victim, and the defendant committed the crime.