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(영문) 제주지방법원 2016.11.02 2016고단1568

특정범죄가중처벌등에관한법률위반(도주치상)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for 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 a B mother car.

On June 6, 2016, the Defendant operated the said car at around 05:00, and proceeded to turn to the left at the right from the Han School at the Han School at the Han School at the Han School at the Jeju City.

At night, the Defendant was at night, and it was difficult for the Defendant to set off the crosswalk, and even though the crosswalk was installed on the above road, the Defendant failed to perform it thoroughly, and the victim E (the right side in the direction of the Defendant’s proceeding)’s right side body, which was the victim E (the 56-year-old age), which was the front part of the left-hand part of the Defendant’s driving car, was able to go beyond the victim’s road.

As a result, the Defendant, through the above occupational negligence, caused the victim to suffer injuries, such as the pelvis felballs, etc. on both sides, which require treatment for about six weeks, and did not immediately stop and take necessary measures, such as aiding the victim, and escaped as it is.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement prepared by E;

1. The actual survey report on traffic accidents (1) (2);

1. A detailed statement of the processing of 112 reported cases and an investigation report (the telephone call of the reporter);

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning traffic accident intensity and accident-related photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The following circumstances are considered in light of the purpose of sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of sentencing [the traffic crime group, the escape after traffic accident, the first type (the escape after bodily injury), the basic area, the imprisonment from August to June], and the following circumstances: The fact of crime is recognized and reflected in the order, and the accident is committed.