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(영문) 청주지방법원 영동지원 2019.08.22 2019고단78
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 B-Wood vehicle.

On April 14:45, 2019, the Defendant came to proceed at a speed of about 5 km per hour according to the road of approximately 5 km in the city, along with the two sides of the D Association, from the surface of the D Association, to the E-section.

At all times, a person engaged in driving service as a road of a straight line without signal, etc. has a duty of care to thoroughly see the front time and to ensure safe driving.

Nevertheless, the G-wheeled Motor Vehicle, which was driven by the Victim F(F, 71 years old) who was in the front direction of the progress due to negligence while neglecting the front direction, was completely divided into the Defendant’s vehicle.

Although the Defendant suffered from the “balmbal balbbbus,” etc., which requires the victim to receive approximately two weeks of medical treatment due to occupational negligence, the Defendant escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Reports on traffic accidents and photographs explanation;

1. A hospital medical certificate;

1. Application of Acts and subordinate statutes on CCTV image data;

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 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Six months to fifteen years;

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of type] shall be within the range of the recommended sentence according to the sentencing guidelines [the category 1] after traffic accident, [the person who has a special appearance] escape [including a serious effort to recover damage] after the occurrence of a minor injury, [the scope of the recommended sentence and the recommended sentence] special mitigation range, imprisonment from 3 months to 1 year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] where the minimum of the sentencing range recommended in the sentencing guidelines from 6 months to 1 year is inconsistent with the minimum of the applicable sentencing range in law, so the applicable sentencing range in law is set at the lowest of the applicable sentencing range.

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