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(영문) 청주지방법원 2016.12.22 2016고단2225
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

On August 31, 2016, the Defendant, who is engaged in driving a D high-speed car, was driving the said car at around 22:43 on August 31, 2016, and led to driving a car in front of the Yongsan-dong 1348, a considerable circulation of the Cheongju City, to drive a car in front of the Cheongju-dong 1348.

There are signals and crosswalks installed on the front door, so in such cases, there was a duty of care to confirm whether a person engaged in driving service is a person who gets on a crosswalk, by complying with signals, and by checking well the right and the right and the right of the road.

Nevertheless, the Defendant, without examining the signal signal signal, did not confirm whether there is a person who walked along the crosswalk, and without examining the signal signal, took the victim E (n, 60 years old) who was standing on the crosswalk to the right side of the said car, and got the victim E (n, 60 years old) who was standing in the green light by negligence in the course of violating the signal signal, and assessed the right side of the said car by the shock and the victim.

As a result, the Defendant, by the above occupational negligence, committed an injury to the victim, such as the mouth of the mouth, and the mouth of the body in need of treatment for about eight weeks, but immediately stopped, and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements of preparation of the F;

1. A fact-finding report, an accident site photograph, and a motion picture CD;

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 committed;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, the reason for the escape, the reason for escape, and the degree of illegality of Defendant’s negligence related to the accident (violation of duty to protect pedestrians at the signal/ crosswalk).

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