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(영문) 의정부지방법원 고양지원 2017.05.11 2017고단468
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 car BVG G80.

On January 13, 2017, the Defendant driven the above car at around 21:50, and proceeded with the front distance of 111 Dong Dong-dong, which is located at the 45 scarbane at the port of utility, at the port of utility, from the two sides to the one side.

At the time, it was difficult at night, and there was a wide range of cross-road crossings than that of the road passing through which the Defendant’s passenger car passes by the crossing, so the Defendant engaged in driving of the motor vehicle had a duty of care to prevent accidents by driving the motor vehicle on the front side and the right and the right, and driving the motor vehicle, and driving the motor vehicle at the intersection, and driving the motor vehicle, and driving the motor vehicle at the intersection, and driving the motor vehicle

Nevertheless, the Defendant neglected this and tried to pass through an intersection by passing through the intersection on the left side of the Defendant’s driving direction, with the right side of the victim C(48 tax) who entered the intersection, and did not avoid the DNA SM5 car which was driven by the victim C(48 tax). The Defendant was placed at the right side of the victim’s driver’s front side of the car left side of the Defendant’s car, and was placed at the right side of the victim’s driver’s front side and side.

Ultimately, even if the Defendant suffered injuries, such as salt ties, tensions, and climatic signboards, etc., in need of approximately six weeks of medical treatment due to occupational negligence above, the Defendant left the place without immediately stopping and failed to take necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. Application of Acts and subordinate statutes to photographs and medical certificates;

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. 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 defendant is on the grounds of sentencing under Article 62-2 of the Criminal Act.

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