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(영문) 춘천지방법원 강릉지원 2018.04.25 2018고단162
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with C low Pest another car.

On January 18, 2018, the Defendant driven the above car at around 06:45, and led the Defendant to the same elementary school from the side of the agricultural product market, depending on the two-lane road located in D at the same time in the East Sea.

Since there is a crosswalk at a front door, the driver had a duty of care to safely drive the crosswalk by checking the front door well and checking whether the driver is a person walking the crosswalk, and reducing speed.

Nevertheless, the Defendant did not discover the Victim F (46) who was a victim of a crosswalk on the right side from the left side of the Defendant’s proceeding direction by negligence while neglecting his duty at the front time, and did not find out the victim F (46) on the right side of the car driving by the Defendant. The victim F was parked on the right side of the road due to the impact of the driver’s vehicle.

G Haststy car is faced with the back part of the Hststa car owned by G.

Ultimately, even though the Defendant suffered injury to the victim F due to the above occupational negligence during approximately eight weeks, such as the pelle of the spine body part in need of treatment, etc., the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. A medical certificate;

1. Application of accident-related video CD-related statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 5-3 of the same Act concerning the punishment of the crime, the choice of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (i.e., the first offender and the fact that he/she is covered by a comprehensive insurance);

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