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(영문) 대전지방법원 서산지원 2017.10.10 2017고단673
특정범죄가중처벌등에관한법률위반(도주치상)
Text

1. The punishment of the defendant shall be eight months;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving a sports cargo vehicle.

On May 26, 2017, the Defendant driven the above cargo vehicle on the three-lane C-distance D of Daejeon Seodong-gu, Daejeon on May 26, 2017, and proceeded three lanes on the five-lane road, which is about 70km in speed from the surface of the government underground roadway to the four-lane km.

At the time, there was a crosswalk on the front side of the defendant, where pedestrian signal, etc. is installed, so it is necessary to check whether a person engaged in driving of the motor vehicle is a person to see the front side well, while the vehicle signal at the front side is red and the pedestrian signal at the crosswalk is green, there was a duty of care to stop in front of the crosswalk and prevent the accident in advance.

Nevertheless, as the defendant neglected this, the defendant, while the vehicle signal in the intersection is red and the pedestrian signal in the crosswalk is green, led to the failure of the defendant to cross the crosswalk from the right side to the left side of the crosswalk in accordance with the pedestrian signals, the defendant got the left part of the victim E (the age of 13) who cross the crosswalk from the right side of the cargo of the defendant, and got the damaged person over the road.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt pans, tensions, etc., which requires approximately two weeks of medical treatment, but did not immediately stop and take necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Investigation report (additional investigation of shots);

1. A survey report on actual condition and photographs on the scene of accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and choice of imprisonment for abandonment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act for suspended execution [the scope of recommended sentence] traffic accidents.

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