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(영문) 전주지방법원 2017.05.16 2016고단2076
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 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 C-Scar.

On June 20, 2016, the Defendant driven the above car on June 16:4, 2016, and driven the two-lanes of the two-lanes from the 4rd side to the 40km side in order to drive the vehicle at the speed of 40km from the 4rd side to the 40km.

Since a crosswalk is not installed at the front of that place, there is no signal signal, there was a duty of care to prevent accidents in advance by safely driving the vehicle driving service by reducing the speed and driving on the front side and the right and the right.

Nevertheless, when the defendant neglected this and proceeds by negligence, he found the victim F (51) to leave the bicycle on the left side from the right side of the defendant's running side, and then found it late, and received the above bicycle with the front part of the above car.

In the end, the Defendant, by such occupational negligence, caused the victim to suffer injury to the left-hand strings and the structural pelkes of teas, etc., which require approximately three weeks of medical treatment, and the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Investigation report (related to the investigation of shots);

1. The actual investigation report on traffic accidents;

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

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 (the point of escape after the injury caused by occupational negligence) of the relevant Act;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that vehicles are covered by comprehensive insurance, the degree of damage to the victim is relatively low, and the defendant has no previous convictions, and the age, occupation and living environment of the defendant are various.

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