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(영문) 의정부지방법원 2016.12.22 2016고단3449
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for 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 K3 car.

On June 21, 2016, the Defendant driven the above car on June 14, 2016, and moved the intersection of the 144-friendly Central Road distance from the east-dong to the bank of the Song High School.

Since there is a road on which a crosswalk is installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle should thoroughly operate the steering room and the steering gear accurately and safely.

Nevertheless, the defendant neglected this and got the victim C (the 9-year-old) to leave the right side of the bicycle side of the victim C (the 9-year-old bicycle) into the front part of the said car when he proceeded in as it is.

As a result, the Defendant, by the above occupational negligence, suffered from the left-hand sacriffy, etc. of the victim who needs to receive approximately two weeks medical treatment, but immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. The actual condition survey report and each photograph;

1. A criminal investigation report (CCTV image analysis), CD;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The circumstance in which the instant traffic accident was committed does not take measures such as aiding and abetting the victims agedly, but leaves the site without contact information: The defendant is divided into his mistake, the fact that the defendant was covered by a comprehensive insurance at the time, the health of the defendant is not good, and the victim has agreed with the victim.

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