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(영문) 전주지방법원 2017.11.07 2017고단1832
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

The defendant is a person who is engaged in driving a C-Scar.

On September 12, 2017, around 05:20 on September 12, 2017, the Defendant driving the said vehicle on the front of the shooting distance in the Jinsan-dong Jinsan-dong, Jung-gu, Seoul Special Metropolitan City on the front line with the home flusing side from the front line to the home flusing side.

On the other hand, the crosswalk has been installed, so in such a case, the driver had a duty of care to reduce the speed prior to the right of way and temporarily stop the right and the right of the front and the right of the front and the right of the front and the right of the front and the right of the front and the right of the pedestrian to the crosswalk, and to safely drive the crosswalk to prevent the accident in advance.

Nevertheless, due to the negligence that the Defendant neglected it and proceeded bypassing it, the Defendant received the victim D (73 years old) who was moving the way to the right side of the crosswalk from the left side of the running direction of the Defendant’s vehicle to the right side of the crosswalk, and had the victim go beyond the ground.

As a result, the Defendant, by the foregoing negligence, committed an injury to the victim, such as cutting the lower body of the mouths, accompanied by a non-alleys that require the victim’s treatment of approximately 12 weeks, and immediately stopped, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A investigative report (to attach photographs of vehicles identified inCCTV images and to attach CCTV image files near the place of accident);

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a report on investigation (related to attaching a written diagnosis of a victim);

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 (the point of escape after the injury caused by occupational negligence) of the relevant Act;

1. Selection of imprisonment with prison labor chosen;

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

1. An agreement is reached with the victim on the grounds of sentencing Article 62-2 of the Criminal Act for the observation of protection and order to attend a lecture, and the vehicles are also covered by the comprehensive insurance.

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