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(영문) 창원지방법원 2016.11.08 2016고합210
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

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 who is engaged in driving a non-fuse vehicle C.

On July 9, 2016, the Defendant driven the above vehicle on July 21:5, 2016, and driven the 1246-6-6-6 development of the Gannam Development Eup, leading the two-lane road in front of the Nannam apartment, along the two-lane road from the distance of middle school to the side of the erost from the distance of middle school.

At the time, there are nights and there are an intersection installed at the front of the road, so there was a duty of care to conduct the vehicle driving service by checking whether the person engaged in the vehicle is a person driving the road, and whether or not there is a person walking the crosswalk.

Nevertheless, the Defendant neglected to stop the front-down, and did not carefully examine whether or not there is a pedestrian to walk the crosswalk, and due to the negligence that the Defendant entered the crosswalk to the right side of the victim D (the age of 54) who walked on the crosswalk to the right side in the direction-hand side of the direction-hand side of the Defendant’s vehicle.

Ultimately, even if the Defendant suffered damage to the right side of the victim, which requires treatment for about two weeks by occupational negligence as above, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. CCTV images;

1. Report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

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

1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The main point of the argument is not only the victim's injury to the extent that it requires relief measures, but also the defendant was not aware that the victim suffered the injury.

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