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(영문) 대전지방법원 천안지원 2013.03.07 2013고단35
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a driver of the Category C Launa car.

On December 26, 2012, around 22:22, the Defendant proceeded with the crosswalks in front of the Jindong-dong Large House, Seo-gu, Seo-gu, Seocheon-gu, Seo-gu, Incheon, using two-lanes from the chilling side to the sloping post office as the sloping post office.

At that time, there is a place where there is no pedestrian signal, etc., and there is no need to view the vehicle at night, so in such cases, a driver who is engaged in driving the vehicle has a duty of care to safely drive the vehicle by reducing the speed in advance, especially by temporarily stopping in front of the crosswalk and checking whether there is a pedestrian, etc., and thereby preventing the accident in advance.

Nevertheless, while neglecting this, the Defendant neglected to stop and proceed as it was, the Defendant got the victim D (Woo, 17 years old), and E (Woo, 16 years old) who dried the crosswalk from the right side of the course to the left side, and got the victims to go beyond the direction.

Ultimately, the Defendant suffered injury to the victim D, such as the closure of the left-hand bones, which requires approximately seven weeks of treatment due to such occupational negligence, and the injury to the victim E, such as the closure of the left-hand pelke in need of approximately seven weeks of treatment, and immediately unloaded from the vehicle to the scene without taking appropriate measures, such as aiding the victim by immediately leaving the vehicle and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of statutes on field photographs;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. The Criminal Act, the suspension of execution;

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