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(영문) 제주지방법원 2018.05.25 2018고단296
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 of a C Poter cargo vehicle.

On November 5, 2017, the Defendant driven the above cargo vehicle on the 19:34th of November 5, 2017, and proceeded to turn to the left at the right right right right from the math of Mart, one of the middle agricultural cooperatives in front of the middle school in Seopo City 234, Seopo-si.

Since a crosswalk is installed, in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a right to drive the motor vehicle by reducing speed and by properly examining the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and went beyond the victim D (the remaining, the age of 22) who dried the crosswalk due to negligence while driving the crosswalk as it was.

Even though Defendant 1 suffered from a stuff in the part of the lower sale in need of approximately two weeks’ medical treatment due to such occupational negligence, Defendant 2 stopped immediately and escaped without taking necessary measures, such as aiding and abetting the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reports on traffic accidents, on-site photographs, and photographs of accident vehicles;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to a visual brhye photographic frhye;

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 selection of imprisonment with prison labor;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures shall be determined by taking into account the following circumstances into account:

Unfavorable circumstances: The defendant seems to have caused the crime of this case after drinking, and the circumstances favorable to the point that it is not agreed with the victim: there is no record of criminal punishment except for the defendant's issuance of a summary order of KRW 200,000 by driving without a driver's license in 199, and the vehicle driven by the defendant.

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