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(영문) 부산지방법원 2017.11.28 2017고단4761
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Oralba.

On August 29, 2017, the Defendant driven the above Obabaon around 14:30 on August 29, 2017, and proceeded along three-lanes in the direction of the intersection from the marba-dong to the marb.

Since there is a cross-section where signal lights are installed, there was a duty of care to reduce speed to persons engaged in driving service and to properly see the right and the right and the right, while driving safely in accordance with the signals and prevent accidents in advance.

그럼에도 불구하고 피고인은 차량정지 신호를 위반하여 계속하여 진행한 과실로 피고인 전방 우측에서 좌측으로 보행 신호에 따라 횡단보도를 건너 던 피해자 D( 여, 69세) 의 좌측 다리 부위를 피고인의 오토바이 앞부분으로 들이받고, 피해자의 좌측 옆구리 부위를 위 오토바이의 우측 핸들로 들이받아 피해자를 그 충격으로 튕겨 나가 그 곳 바닥에 넘어지게 하였다.

Ultimately, even if the Defendant suffered injury to the victim, such as the closure of the left-hand body in need of treatment for about six weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Reporting of a traffic accident (1);

1. Reporting of a traffic accident (2);

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 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 268 of the Act on the Aggravated Punishment, etc. of Specific Crimes recognize and reflects errors in the grounds for sentencing of imprisonment for a limited term. However, the defendant's serious injury to the victim was committed by gross negligence, and the crime liability is not easy because agreement with the victim was not reached.

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