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(영문) 서울남부지방법원 2018.05.17 2018고단1522
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 3, 2018, at around 04:45, the Defendant driven a C observer car and proceeded at a speed that is impossible to know in the direction of the fluence on the side of the village, such as a side street with no front line of the “E” restaurant located in Gangseo-gu Seoul Metropolitan Government D.

At the time, it was the night and the place where the vehicle was landed, and in such a case, there was a duty of care to safely proceed after checking whether a person engaged in driving on the motor vehicle was a person living on the front side and the left side, and whether a person walking on the motor vehicle is a person walking on the motor vehicle.

Nevertheless, the defendant neglected this and did not look at the front side of the road, and got the victim F (M, 64 years old) who walked to the right side of the road in the same direction as the last side of the defendant's vehicle and got the victim to go beyond the road.

As a result, the Defendant had the victim receive injury in need of medical treatment of approximately four weeks of cage cage cages, etc. (excluding fage cages) in the right side of the Defendant’s occupational negligence, and escaped without taking necessary measures, such as providing rescue to the victim on the spot.

Summary of Evidence

1. Statement by accused at the court; 1. Report on the occurrence of traffic accidents and the investigation report on actual conditions;

1. A photograph of a CCTV closure at the scene of an accident;

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 and Article 268 of the Criminal Act concerning the crime committed;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Persons who are subject to special mitigation in the mitigation area (from June to one year) after the scope of the recommended punishment is limited to one type (the escape after the bodily injury) after traffic accidents: Penalty is not imposed.

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