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(영문) 대전지방법원 2017.01.17 2016고단3677
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a G rocketing car.

On August 8, 2016, the Defendant driven the above car around 20:02, and proceeded at a speed below the speed of speed, depending on the two-lanes in front of the modern apartment house of Daejeon Dong-dong, Dong-gu, Daejeon, in the direction of filial duty distance, from the direction of filial duty distance.

At night, there was a crosswalk installed at the front, and thus, the driver engaged in the driving of the motor vehicle had the duty of care to prevent the accident in advance by driving the motor vehicle safely by keeping the front door and the right and the right.

Nevertheless, the Defendant neglected this and failed to discover the victim H (58 3) who was living in the front section of the first road run by the Defendant due to negligence.

Ultimately, even if the Defendant suffered from an injury, such as cutting the upper part of the upper part of the body in need of treatment for about eight weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A survey report on actual conditions, on-site photographs, ctv cd, report on the occurrence of traffic accidents, site care, and estimates;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. One of the extent of injury inflicted on the victim for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the fact that the victim suffered the accident in this case while being on the road, the defendant agreed with the victim, the vehicle in this case is affiliated with the taxi mutual aid association, the defendant is against himself/herself, the defendant has no criminal record of punishment exceeding the fine for the last 20 years, and the defendant has no other age of the defendant.

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