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(영문) 서울남부지방법원 2018.12.13 2018고단3535
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 7, 2018, around 19:20 on March 7, 2018, the Defendant opened a driver's seat in order to get off from DM freight cars at the front of the Guro-gu Seoul Metropolitan Government apartment complex 101.

At the time, there is a duty of care to verify whether a person engaged in driving of a motor vehicle passes by the motor vehicle through a rear-lacing mirror, etc., since it is night and is a way to pass by a person.

Nevertheless, the defendant neglected this and did not confirm the passage of the person by side of the vehicle, and did not discover the victim E (the 12 years old) who was getting a bicycle by the cargo driver's seat of the defendant who was on the part of the cargo driver's seat of the defendant, and caused the victim to go beyond the victim by shocking the vehicle's driver's seat.

Ultimately, even though the Defendant suffered a loss of left-hand shoulder that needs to be treated within two weeks due to the above occupational negligence, the Defendant escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Ctv images;

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 an alternative fine for punishment;

1. Article 53 and Article 55(1)6 of the Criminal Act (see, e.g., Articles 55 and 55(1)6 of the Criminal Act)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence

1. The argument was that the Defendant was fine for the victim, but the victim left the place, and the Defendant continued to do so, and thus, the Defendant did not leave the place.

2. The driver is injured by shocking the part of the Hand of the bicycle that was parked on the side of the road after the vehicle was parked.

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