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(영문) 서울중앙지방법원 2017.08.18 2017고단1269
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

However, the execution of the above sentence 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 engaging in a private taxi driving service in H K7.

On November 15, 2016, at around 05:36, the Defendant proceeded bypassing the crosswalk in front of the shooting distance of the next hospital located at 604, a 604-ro, Gangnam-gu, Seoul, to the intersection of the school from the light apartment.

Since a crosswalk is installed on the front side, in such a case, the defendant engaged in driving service has a duty of care to check whether there is a person who gets involved in driving and safely drive the road by reducing speed and checking the right and the right and the right.

Nevertheless, the Defendant neglected this and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the vehicle, where the victim I (the 67-year old victim), who was standing the crosswalk in accordance with the pedestrian signals, was able to take part of the front part of the above vehicle as the front part of the victim, and the victim needs to receive approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the defendant in the protocol concerning the examination of the suspect against the defendant;

1. Legal statement of a witness I;

1. Statement made to I by the police;

1. A report on a traffic accident, a report on the occurrence of a traffic accident, and a report on the receipt of the case for an escape from human body;

1. Each internal investigation report (Nos. 4, 7, and 19 once a year), each investigation report (No. 31, 35, and 45 once a year);

1. Data by cutting down the moving route map (No. 8 times a patrol time) and the operating recording device (No. 20 times a patrol time);

1. General medical certificate, etc. (No. 32 times a net time) and a certificate of admission to the I (No. 36 times a net time);

1. The application of photographic data (No. 21 times a year), the video images of CCTV images of commercial buildings around the scene of an accident (No. 10 times a moment);

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 alternative imprisonment with prison labor (the defendant is shocking the damaged person who has dried up the crosswalk in green signals);

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