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(영문) 대전지방법원 서산지원 2015.06.11 2014고단1067
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 vehicle at C in low price.

On August 27, 2014, the Defendant came to turn to the left at the Myeon,000 from the Myeon, the intersection in front of the EF warehouse located in D, Sinjin-si, Sinjin-si.

In this case, the person engaged in the driving of a crosswalk has a duty of care to look at whether there is a pedestrian or not to build the crosswalk, and to accurately manipulate the steering gear and prevent the accident in advance.

Nevertheless, the defendant neglected this and got the victim F (the age 49) crossing the crosswalk from the left side of the proceeding direction to the right side by his negligence, which led the victim to go beyond the surface of the road.

Accordingly, the Defendant, by negligence in the above occupational negligence, did not take necessary measures, such as aiding the victim, even though the Defendant suffered from an injury to the victim, such as an injury to the sexual intercourse with the absence of open wound, which could not be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A H statement;

1. The actual condition survey report;

1. On-site photographs and photographs of the skin vehicle;

1. Each request for appraisal;

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, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Criminal Act of the community service and order to attend a lecture [the scope of recommending sentence] the case where the basic area (the person under special mitigation) (the person under special mitigation) is not punished (including the person under serious effort to recover damage), the case where a serious injury has occurred, or the case where a significant danger to life has occurred due to escape (the first and second categories) after traffic accidents.

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