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(영문) 서울북부지방법원 2018.05.03 2018고단263
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 26, 2017, around 22:20 on December 26, 2017, the Defendant was driving a high-school vehicle with the front of the 403 provincial police station in front of the 403 provincial street in the direction of the street.

At the time, there was a crosswalk where a signal apparatus was installed, so in such cases, there was a duty of care to check whether a person engaged in driving service has a road by reducing speed for the person engaged in driving service and by checking well the right and the right and the right and the right and the right and the duty of care to drive safely according to the new code.

Nevertheless, the Defendant did not neglect this and did not see the front side, and even if the vehicle driving signal is a stop signal, the Defendant went beyond the road with the left side of the victim D(36 tax) crossing the above crosswalk under the pedestrian signals due to the negligence of driving the above road on the right side of the said vehicle even though it is a stop signal.

Ultimately, the Defendant, by occupational negligence as seen above, sustained injury to the victim, such as cutting down the frame of the body part of the body of the body of the river that requires approximately three weeks of medical treatment, but did not immediately stop and run away without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A report on the occurrence of traffic accidents;

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

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for the protection and observation of protection [the scope of recommended punishment] The mitigated area (including six months to one year), the mitigated area (including a person who has been specially mitigated) [including a serious effort for recovery of damage] the punishment non-permanent (including a serious effort for recovery of damage] (the decision of sentence] pedestrians crossing the road in accordance with the signals of pedestrians.

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