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(영문) 수원지방법원 안산지원 2019.06.27 2019고단998

특정범죄가중처벌등에관한법률위반(도주치상)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a vehicle BM520.

On January 31, 2019, the Defendant driven the above car on the 11:56th of January 31, 2019, and, at the same time, had the front of the Godae-gu, Ansan-gu C drive the side road at about 10 km from the direction of D to the direction of the Hanyang-gu intersection.

Since there is a side where traffic control is not carried out, there was a duty of care to check whether a person engaged in driving a motor vehicle has a cross-section by reducing the speed or temporarily stopping the motor vehicle, and to drive it.

Nevertheless, the defendant neglected this and proceeded along as is, while getting a bicycle on the right edge of the defendant's bicycle riding side, the victim E's bicycle riding part on the left edge of the defendant's bicycle riding on the right edge was received from the front part of the victim's bicycle driving ahead of the vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to brain deads, etc. without any open room in the head requiring treatment for about three weeks, and immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Each police statement of E;

1. Copies of a medical certificate and medical record;

1. Application of the Acts and subordinate statutes concerning the closure of buildings (F CCTVs);

1. 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;

1. The crime of escape after the occurrence of an automobile accident on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is very poor in view of the fact that the crime of escape was committed in order to be exempted from punishment, and that the victim, who was not properly subject to relief measures, may cause a serious danger to his/her life and body by failing to take prompt and appropriate measures.

In addition, this case is against the defendant's vehicle.