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(영문) 대전지방법원 홍성지원 2020.06.16 2020고단241
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

At around 20:00 on January 15, 2020, the Defendant driven the above cargo vehicle, and proceeded ahead of the route D in Chungcheongnam-nam Budget Zone C from the direction to New-ri-ri.

At the time, it was very difficult for a person engaged in driving a motor vehicle to safely drive a motor vehicle by checking whether there is a person driving the motor vehicle on the side by taking into account well the right side of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to discover the victim F (the age of 64) who was walking on the right side of the bend road while driving the bend while driving the bend while neglecting it, and had the victim fall into the dry field below the road.

Although the Defendant got injured by an occupational negligence during approximately six weeks of treatment of the victim, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim, even though he/she suffered from an injury, such as cutting the body of a copy of the outside side, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on traffic accidents and a report on actual condition;

1. A medical certificate (No. 13);

1. Application of Acts and subordinate statutes on the site and accident vehicle 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of recommendations according to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence [the decision of types] shall be limited to the scope of recommendations [the decision of types] according to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act. After traffic accidents, the escape [the first category] after bodily injury [the person in special custody] mitigation element: the mitigation area [the recommendation area and recommendation range] mitigation area, the details and circumstances of the crime committed in the sentence for six to one year,

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