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(영문) 인천지방법원 2017.12.01 2017고단6067
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 driving of a radar car.

On June 22, 2017, around 20:02, the Defendant had the front three-distance road at the entrance of 105 Seog-gu Incheon Dong-gu, Incheon, to the Do Office of Dong-gu, Incheon, to the left-hand and to the left-hand turn from the Do Office of Dong-gu, Incheon.

The left turn is a place where a crosswalk is installed immediately after the left turn, and the victim F (n, 72 years old) was in the crosswalk. In such a case, the driver of the vehicle had a duty of care to safely check the front door and the right and the right of the driver of the vehicle, to properly manipulate the steering direction and the brake system, and to safely check the pedestrians crossing the crosswalk, and to make the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded along the above crosswalk and received the left side bridge of the victim who was walking along the above crosswalk from the Defendant to the front side of the car driving.

Ultimately, even if the Defendant suffered from an injury, such as cutting the frame of the upper body of the light frame, which requires approximately 10 weeks of medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reports on each traffic accident;

1. Each CCTV image photograph (netly 6,8);

1. Application of Acts and subordinate statutes to a medical certificate and photographs of parts of an operation for victims;

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 choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommended punishment] The mitigated area (6 months to 1 year) of the mitigated area (the special mitigated person] (the special mitigated person] of the self-denunciation [the decision of sentence] unfavorable circumstances (the defendant's duty of care to ensure safety driving) after traffic accidents.

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