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(영문) 의정부지방법원 2018.06.01 2017고단5211

특정범죄가중처벌등에관한법률위반(도주치상)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above sentence shall be executed for a period of three 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 three cargo vehicles in sealed B.

On August 8, 2017, the Defendant driven the above cargo vehicle at around 04:50, and driven the front road of “D” in “D,” located in Scheon-si, at a speed of about 30 km in speed from the entrance of the Sincheon-si, the Defendant, at the speed of about 30 km in speed.

Since there is a narrow side without delivery, a person engaged in driving a motor vehicle has a duty of care to safely operate the steering and steering the steering system by accurately operating the steering and steering system.

Nevertheless, the defendant found the victim E (S) who was a pedestrian at the time of the operation of the vehicle due to negligence while neglecting the duty of the front-time, and did not stop, but went beyond the victim due to the front-hand side of the cargo vehicle.

Ultimately, the Defendant suffered injuries, such as cage cages, etc., which require approximately six weeks of medical treatment from the above occupational negligence, but escaped without taking necessary measures as a driver, such as immediately sending the victim to the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. On-site investigation report and report on the occurrence of a traffic accident;

1. A map at the scene of an accident;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders is a crime that causes not only the risk of life or body resulting from nonperformance of relief measures against victims, but also the difficulty of compensating victims for civil and legal damage, and thus is highly likely to be subject to criticism. As such, traffic shall be subject to heavy punishment on the one hand.