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(영문) 서울중앙지방법원 2017.11.23 2017고단6697

특정범죄가중처벌등에관한법률위반(도주치상)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 16, 2017, at around 02:58, the Defendant was a person engaging in driving of Bppppp vehicles, and around 10:34-12, the Seocho-gu Seoul Metropolitan Government Mackro 10:0,000, 10:00,000,000,000,000,000:

At the time, there was no separate classification of pedestrian delivery, so a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely while driving the front left and right well.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the ground by taking the right knee and gnee of the victim C(43 years) who was walking on the left side of the direction of the defendant's running, without examining the right side due to negligence and left-hand turn, with the front wheels of the defendant's driving.

In the end, the Defendant, by the above occupational negligence, sustained injury to the victim, such as the side fluor in the left-hand snick, which requires a five-day medical treatment, and the Defendant 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 D;

1. Application of Acts and subordinate statutes to a traffic accident report (on-site investigation report), investigation report (C telephone investigation report), diagnosis report, text and photograph of receipt of report, and investigation report (on-site CCTV confirmation),

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 selection of imprisonment with prison labor;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act on the reduction of the amount of punishment are as follows: (a) the scope of recommendation [the scope of recommendation] on the grounds for sentencing guidelines under Articles 53 and 55(1)3 of the Criminal Act; (b) the basic area (from August to one year and six months) (the person who is subject to special sentencing) of the first type of escape after traffic accident; and (c) the defendant confessions the defendant to commit a crime and has no record of punishment heavier than three times, which is favorable.

However, the Defendant immediately after the instant accident.