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(영문) 광주지방법원 장흥지원 2018.04.05 2017고단264
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of 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 the operation of the third cargo vehicle in C. C.

On September 4, 2017, the Defendant driven the above cargo vehicle around 19:06, and led to the passage of the road in front of the village in the area of the Jinjin-gun, Jinjin-gun, into the Young Paris-do.

There is a road in front of the village, which is used by the victim E due to the preceding accident in the front of the road that is in progress at the time, and F cited the victim's damage before the victim.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by thoroughly manipulating the steering direction and brakes accurately while driving the motor vehicle on the front side.

Nevertheless, the Defendant neglected to her on the right side of the cargo vehicle and proceeded with by negligence, found the victim immediately before her shocking the vehicle, and immediately left, but failed to avoid the vehicle completely, led to the victim's bridge with the right side of the cargo vehicle.

Ultimately, even though the Defendant suffered injury to the victim, such as the mouth of the right-hand bridge, which requires approximately eight weeks of treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to photographs by reporting an investigation (related to the injury of a victim caused by the driving of a suspect), reporting each traffic accident (1) on the actual condition survey, on-site photographs and explanations, and capturing a black stuff image;

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. 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. Order to attend lectures and order to provide community service: Article 62-2 of the Criminal Act;

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