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(영문) 전주지방법원 2019.10.24 2019고단623
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for 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 drives a B B Bbee or a car.

At around 14:20 on December 10, 2018, the Defendant continued to proceed one way prior to the D latter part of D, which is located in the Seoul Coast Guard C, from E, to the face of the police box.

At all times, there is a child protection zone in front of an elementary school and a crosswalk that does not have a signal apparatus in the front side. In such a case, the driver has a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right and the right of the driver, and to drive safely.

Nevertheless, the Defendant neglected to do so and went on to the left-hand side of the proceeding direction, and received the victim F (8 years old) who crosses the crosswalk from the right-hand side of the proceeding to the left-hand side of the Defendant’s driving.

Even though the Defendant suffered injury to brain-dead, etc., which requires medical treatment for about four weeks by occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident;

1. The actual survey report on traffic accidents;

1. On-site photographs of 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, 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. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One to thirty years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] traffic crime: The escape [special person] after causing a traffic accident [type 1], and escape [including serious efforts to recover damage] mitigation factors: Imprisonment with prison labor for a reduced area (including the recommended area and the scope of recommended punishment], for six months to one year [the range of recommended punishment revised according to the applicable sentences].

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