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(영문) 전주지방법원 군산지원 2020.04.29 2020고단295
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

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

Reasons

Punishment of the crime

On February 18, 2020, the Defendant was engaged in driving cars B, and on February 18, 2020, the Defendant operated the said car and made the driving distance of the “D” in front of the “D” in the following city C to turn to the left from the Eth page.

Since a road has a crosswalk, in such a case, there was a duty of care to safely drive the road, such as reducing the speed of the person engaged in driving service, maintaining the right and the right of the road, and checking whether there is a person to build the crosswalk.

Nevertheless, the defendant neglected to turn to the left as it is and caused the victim G(W, 11 years old), H(W, 7 years old) to stand the crosswalk by negligence.

Ultimately, the Defendant did not take measures, such as aiding victims, even though he suffered injuries, such as kneeing in need of treatment for about three weeks of occupational negligence, and left the scene without taking measures, such as aiding victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the report on the occurrence of a traffic accident, the actual survey report, on-site photographs, and 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The order shall be punished by imprisonment with prison labor in consideration of the following: (a) an order to provide community service and attend a lecture without taking any measures against traffic accidents caused by the Defendant’s breach of his/her duty of care in sentencing grounds for sentencing under Article 62-2 of the Criminal Act; and (b) the degree of damage suffered by the young victims may be deemed to be less and less severe; and (c) the Defendant voluntarily surrenders to an investigative agency after committing

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