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(영문) 창원지방법원 거창지원 2019.09.11 2019고단217
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six 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 person engaging in driving a PP car.

On May 23, 2019, the Defendant driven the above car on May 23, 2019, and proceeded with the national highway No. 24 of the 10-11-lane Do, Sincheon-gun, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-do, in a mountainside, with the 24-lane Do-do 10-11-lane Do-si

At the same time, the victim C(n, 68 years of age) was coming up on the right side of the one-lanes, and as such, the Defendant was under the duty of care to prevent accidents by driving safely, such as reducing speed according to road conditions and operating the brakes accurately.

Nevertheless, the Defendant, by neglecting his duty at the front time, failed to reduce speed and failed to properly operate the brake system, caused the said victim to go beyond the right side part and side of the said car, and thereby, suffered injuries such as salt pane, tension, etc. of a shoulder pipe which requires treatment for about three weeks, and escaped without immediately stopping the said victim and taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A traffic accident report;

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

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;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of sentencing guidelines] - The area of mitigation to the first category (the escape after bodily injury) after traffic accidents - The special mitigation person: a person not subject to punishment (the decision of sentence) is not good, but the defendant is only a person subject to a two-time fine, and the degree of injury to the victim is relatively minor and agreed with the victim.

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