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(영문) 부산지방법원 서부지원 2018.05.23 2017고단2044
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving C 124CC.

On November 18, 2017, the Defendant driven the above Obane around 22:20 on the 18th day of November, 2017, and led the home plug road located in the north-dong of Busan to proceed along the three-lanes in the direction of the Dongbridge in the intersection of the Gupo road.

At the time of night, the front door door door door door door door door door door door door door door door door door door, and that place has a crosswalk where signal lights are installed, so a person engaged in driving service has a duty of care to check whether there is a person who gets on a road by reducing speed and by properly examining the front door and door door door door door door, and to drive safely in accordance with the new code.

Nevertheless, although the defendant neglected this and changed to the stop signal, the defendant's failure to go beyond the right side of the defendant's driving, the victim D (64 ) who cross the crosswalk from the right side to the left side of the crosswalk in accordance with the pedestrian signals, due to the negligence of proceeding.

Ultimately, even though the Defendant suffered multiple scambling in need of treatment for the victim due to the above occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Reporting of traffic accidents, and application of relevant Acts and subordinate statutes to photographs;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of imprisonment with prison labor;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from August to June) of the first type (from January to June) after the scope of the recommended punishment according to the sentencing criteria is involved in traffic accidents; and

2. The crime of this case by which the defendant has committed a traffic accident, shall be injured by the victim;

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