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(영문) 서울북부지방법원 2017.01.19 2016고단4872

특정범죄가중처벌등에관한법률위반(도주치상)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 motor vehicles C and C.

On October 12, 2016, the Defendant driven the above vehicle around 18:20 on December 12, 2016, and proceeded at about 20km from the direction of the office distance of the Gangseo-gu Seoul Metropolitan Government along three-lanes from the direction of the office distance to the direction of the road of the city, while making a right-hand turn at the entrance of the Saemaeul Treasury adjacent to the Saemaeul Treasury.

Since the place was a place where pedestrians walk on the side road, there was a duty of care to check the right and the right of the front and the right of the vehicle driving prior to the right of the right of the front and the right of the front and the right of the road, and then the right of the right of the front

Nevertheless, the Defendant neglected this and neglected to take part on the left side of the victim E (56) who was walking on the left side of the Defendant’s vehicle from the Defendant’s vehicle’s right side to the left side and got the victim F (F, 64 years old) who was walking on the right side of the Defendant’s vehicle.

Ultimately, the Defendant, by the foregoing occupational negligence, committed an injury to the victim E, such as a salt at the right-hand base, which requires approximately two weeks of treatment, and even though the victim F suffered an injury to the victim, such as the need for treatment for about two weeks, she immediately stopped and escaped without taking measures, such as aiding the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 committed;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act provides that the scope of recommendation and the criteria for suspension of execution according to the sentencing guidelines for traffic crimes with reason of sentencing, and that the defendant has no record of crime since 1984.