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(영문) 의정부지방법원 2020.05.27 2019고단5613
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 Bsch Rexroth car.

On June 25, 2019, the Defendant driven the above car at around 22:30 on June 25, 2019, and led to the left-hand turn from the border distance to the mountain.

At the time, since it is a night and a road where a house is located, there was a duty of care to check the front side and the right and the right of the person engaged in driving service and to turn to the left.

Nevertheless, the defendant neglected this and got the victim's front wheels part of the bicycle driven by the victim D(52) who was left the right from the left side of the proceeding direction due to negligence and left the left, and got the victim to go beyond the ground.

Ultimately, even if the Defendant suffered injuries, such as salt, tension, etc., in need of treatment for about two weeks by occupational negligence as above, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report, report on the occurrence of traffic accidents, and on-site photographs;

1. Investigation report (case of confirmation of ctv for the purpose of crime prevention in the vicinity of the accident scene and the accident site), cctv image photographs for the purpose of crime prevention of buildings E, and photographic data of piracy vehicles;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Scope of punishment by law: Six months to fifteen years;

2. The scope of the recommended sentence according to the sentencing criteria (the decision of type) shall be the injury or injury caused by the escape after traffic accidents.

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