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(영문) 전주지방법원 군산지원 2018.07.18 2018고단192
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 of a C Poter cargo vehicle.

On November 3, 2017, the Defendant driven the above cargo vehicle around 05:48, and led to a speed of about 69 km from the two-lanes in the direction of the revised elementary school to the front side of the 4-lane 1:0,000, the direction of the 2-lanes in the direction of the presidential school.

At the same time, the Defendant engaged in driving duty was obliged to operate the steering gear in a safe manner by reducing the speed and properly operating the steering gear by accurately operating the steering gear by reducing the speed.

Nevertheless, the defendant neglected this and went beyond the floor by taking the victim D (the age of 80) who was unauthorized to cross the walking on the right side of the moving direction of the defendant's vehicle into the right side of the above cargo vehicle.

Ultimately, even if the Defendant suffered injury, such as knenee bones, etc. on the left-hand side in need of approximately eight weeks of medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

1. Report on the occurrence of a traffic accident, report on a traffic accident (report on actual condition), application of suspect vehicle booming images, diagnosis certificates, and investigation report (related to the analysis of a traffic accident) Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] of the Order to Attend a lecture [the scope of the sentence], the victim is negligent in the occurrence of traffic accidents or the expansion of damage, even for the victim, in the area of special mitigation (from March to one year).

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