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(영문) 서울북부지방법원 2021.01.21 2020고단3082
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 motor vehicle with sod motor vehicle B.

On May 19, 2020, the Defendant proceeded along the two-lane road in front of the D church in the Namyang-si, Seoul around 18:20, along the two-lanes from the direction of the Corporation to the F.

At all times, the Hchip car driven by the victim G (n, 51 years old) was waiting for and stopping the signal, so in such a case, the person engaged in the business of driving the motor vehicle has a duty of care to take a look at the front and right right and the right and the right and the right and the right and the right and the right and the right and the right and prevent the accident in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and took part in the lower part of the car at the front end of the said car at the hurb by negligence, which was behind the car at the hurb.

Ultimately, even though the Defendant suffered from an injury, such as salt, tension, etc., in need of a two-day medical treatment due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the police concerning the defendant's partial statement G in court;

1. The application of a survey report, a black gambling and video CD diagnosis report, an investigation report (victim telephone statement - hearing report), and the Acts and subordinate statutes of a recorded CD;

1. Relevant 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 and the selection of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62-2 of the Criminal Act concerning an order to attend a lecture under Article 62 (1) of the Suspension of Execution Act;

1. The scope of punishment by law: Imprisonment for six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of decision] shall be the range of the recommended punishment [the range of the recommended punishment] according to the sentencing guidelines. The escape [the category 1] after the traffic accident is injured [the person subject to special sentencing], and the escape [the person subject to special sentencing] mitigated elements: In case where a minor injury occurs, it shall include the place of recommendation and the recommended punishment.

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