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(영문) 창원지방법원 밀양지원 2017.03.30 2016고단478
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of C125cc.

On July 24, 2016, the Defendant, at around 23:45 on July 24, 2016, proceeded one way near the Dong's health center, where he was the head of Si/Gun, was the head of Si/Gun, to flow from the east of Dong's health center.

At the time, there are nights, and there are pedestrians in front of the village, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering system and steering gear with a person engaged in driving service.

Nevertheless, as long as the Defendant neglected to perform the duty of the front direction, the Defendant did not find out the victim D (bee 70 years old) who was a road on the right side from the left side of the course direction, and received the victim in front of the left side.

Ultimately, the Defendant suffered injury to the victim, such as an influor, which requires approximately 10 weeks of treatment due to the above occupational negligence, but did not immediately stop and take necessary measures, such as providing rescue, and escaped.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. An investigation report on the actual traffic accident, and on-site photographs of the traffic accident;

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

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Article 55(1)3 of the Act on Reduction of Quantity [the scope of recommending punishment] There is no person who has no person in charge of special sentencing] in the basic area (from August to January 6) (no person in charge of sentencing] (the decision of sentencing] (the decision of sentencing shall be made in consideration of the following circumstances and the defendant’s age, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

A favorable circumstances: There is no history of punishment exceeding a fine.

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