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(영문) 의정부지방법원 고양지원 2020.01.17 2019고단2982
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving a Switzerland car.

around 15:48 on August 23, 2019, the Defendant moved back to the direction of the mountain basin in the direction of the C, as the Hayang-si, Manyang-si, Manyang-si was in the mountain-do.

At this point, the crosswalk was installed to the direction after the Defendant’s right-hand side, and the victim D (14 years old) was crossing the above crosswalk to the right-hand side of the Defendant’s moving along the bicycle and the pedestrian signals in the above crosswalk. In such a case, the person engaged in driving service was obliged to stop temporarily to check whether the person is a pedestrian on the above crosswalk, to check the right-hand side and the right-hand side of the crosswalk, and to drive it.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the ground by taking the victim’s bicycle in front of the left side of the said SP car by negligence by neglecting it.

Ultimately, even if the Defendant had the victim suffer injury to the leg and other salves that require medical treatment for about two weeks due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. The actual survey report on traffic accidents and photographs related to accidents;

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;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] shall be limited to the scope of traffic crimes:

2. The decision of sentence shall be made by the defendant;

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