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(영문) 서울중앙지방법원 2017.12.20 2017고단7477

특정범죄가중처벌등에관한법률위반(도주치상)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a machine in B money tank.

On July 26, 2017, the Defendant driven the above vehicle around 12:41, the Defendant was driving at the pressure-gu Seoul, Gangnam-gu, Seoul, 225 lanes in front of the long distance of the 225 sexual traffic, and proceeded to the long distance of the bankrupt park from the south of the opposite opposite intersection, along the 6-lanes in front of the long distance of the 225 sexual traffic.

At all times, signal lights are installed, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with traffic signals and prevent accidents in advance.

Nevertheless, even though the vehicle signal was changed to a stop signal, the Defendant neglected this, but did not stop in violation of the signal, and went away without taking necessary measures, such as providing relief to the injured party by immediately stopping the vehicle, by taking the part left side of the victim C (11) (3) who was on the right side of the Defendant’s passenger car to the right side of the victim C (11) who was putting on the kick seat on the crosswalk pursuant to the new subparagraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident;

1. A written statement on the occurrence of each traffic accident;

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

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54(1) of the Road Traffic Act, and choice of imprisonment with prison labor for a limited term as to the crime

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of the recommended sentence] Where a minor injury occurs (the person subject to special mitigation for six months to one year) in the mitigation area (the person subject to special mitigation for one year) (the person subject to special mitigation for one year) after a traffic accident, (the decision on the suspended sentence] 6 months in imprisonment and one year in the suspended sentence;