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(영문) 인천지방법원 2017.09.20 2017고단4674
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of 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 a set of car D with D.

On April 9, 2017, around 03:00, the Defendant driving the said car four lanes in front of the F convenience point in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, with three lanes in the direction of the office of Bupyeong-gu in the direction of Bupyeong-gu, and proceeded at about 70km each hour from the direction of the office of Bupyeong-gu.

In this case, there was a crosswalk where signal lights are installed on the front door, so there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the front door, and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and got the victim G (the remaining and the age of 57) who was standing a crosswalk in accordance with the E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Ultimately, even though the Defendant suffered from an injury, such as a sacriff, etc. on both sides of a plant that requires medical treatment for about six weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victimized person or confirming the degree of damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the traffic accident report, each photograph, and medical certificate;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 54 (1) of the Road Traffic Act concerning the crime;

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

1. The defendant's reason for sentencing under Article 62 (1) of the suspended sentence under the Criminal Act is the defendant's responsibility in light of the following: (a) the defendant's act of crime is not good, such as shocking and escapeing the pedestrian on the crosswalk in violation of signals in drinking condition; and (b) the defendant has the ability to punish drinking.

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