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(영문) 인천지방법원 2016.12.15 2016고단7187

특정범죄가중처벌등에관한법률위반(도주치상)

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BMWF car.

On June 14, 2016, the Defendant driven the above car at around 00:36, and proceeded at a speed of about 30 km from the long distance to the long distance of the original road, along the two-lanes, at the speed of about 855-6 degrees in front, Seo-gu, Incheon Metropolitan City.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code, by reducing speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, when the defendant neglected this and proceeds from the red signal as it is, the defendant received the part of the victim C(24 years old) who crosses the crosswalk to the right blue of the crosswalk to the right blue of the motor vehicle driving by the defendant.

Ultimately, even if the Defendant suffered injury, such as damage to the kacker, in need of medical treatment for about ten (10) weeks of occupational negligence, the Defendant immediately stopped and escaped without necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Investigation report (violation of signal);

1. A medical certificate;

1. Application of CCTV Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that he/she repents his/her mistake, etc.);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant, on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., uses his/her motor vehicle to maintain a crosswalk according to the pedestrian signal while driving his/her motor vehicle.