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(영문) 대전지방법원 2017.10.31 2017고단3144
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a motor device VJ125cc.

On June 2, 2017, the Defendant driven a bicycle with a motor device around 09:40, while driving the bicycle, which is located in Daejeon-ro 449, Jung-gu, Daejeon, Daejeon, the Defendant continued the bicycle-only road from the front-dong room to the front-dong screen.

At this point, there was a traffic sign that prohibits access by a motor device, bicycle, etc., and bicycle was in progress on the front side, so there was a duty of care to prevent accidents in advance by driving a motor device bicycle with a safe driving by looking at the front side and the left side.

Nevertheless, the defendant neglected this and entered the road on which the entry of a two-wheeled bicycle, such as motor device, bicycle, etc., is prohibited, and the victim B (38 tax) who was getting a bicycle in the front part of the motor device bicycle, took the victim's front wheel part of the bicycle, and had the victim go beyond the floor.

Ultimately, the Defendant did not take necessary measures, such as aiding the damaged person, even though he/she suffered damage to the diversity of diversity and diversary diversary diversary diversary diversary divers for two weeks by

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (simplified traffic) made by the police against B;

1. A medical certificate (victim B);

1. Reporting of a traffic accident (1);

1. Application of Acts and subordinate statutes to photographs of accident scene, photographs of accident scene, photographs of damaged parts of victims, and photographs of accident scene;

1. Relevant 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 and the selection of punishment;

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate amount (a confession and reflect, the fact that the crime is a crime using a motor device bicycle, the fact that the crime is a crime using a motor device bicycle, and the fact that only the victim has agreed with the victim);

1. Suspension of execution;

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