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(영문) 청주지방법원 제천지원 2017.01.12 2016고단446

특정범죄가중처벌등에관한법률위반(도주치상)

Text

A defendant shall be punished by imprisonment for six months.

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 engaging in driving a rocketing car.

On July 25, 2016, the Defendant driven the above vehicle at around 09:40, and proceeded along the two-lane road in the E- Part D at the Incheon City, along with one-lane from the intersection of the Southern church to the intersection of the volcanic road.

There is a duty of care to prevent accidents in advance by accurately operating steering steering devices and brakes, and driving safely by safely driving it on the right and the right and the right and the right and the right and the right and the right and the right and the right of the driver of the motor vehicle as a four-lane road without separation in the center.

Nevertheless, the Defendant neglected to do so and found that the victim F (V, 70 years old) started to cross the road to port from the right side of the direction of the Defendant’s vehicle, but failed to take necessary measures, such as aiding the damaged person, by negligence in the course of business, and by negligence, when the part on the left side of the victim and the body part of the victim are shocked with the Defendant’s vehicle, thereby causing about two weeks of medical treatment, such as proposing to take other measures and providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes to photographs by cutting off on-site photographs, black booms of vehicles, screen pictures by cutting down booms of vehicles, and by cutting down booms of taxis going behind vehicles;

1. Relevant 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 and the selection of punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing in Article 62-2 of the Criminal Act are as follows.