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(영문) 수원지방법원 2019.07.25 2019고단1734
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

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 duties of K5 cars.

On November 28, 2018, the Defendant driven the above car on November 28, 2018, and led to the driving of the above car from the mar Park to the wave zone zone at the front of the Suwon-si, Suwon-si.

In this case, the driver of the motor vehicle has a duty of care to take into account the traffic situation in the future and to accurately manipulate the steering gear and prevent the accident in advance.

Nevertheless, the Defendant neglected the drinking while drinking, and was stopped by the Defendant, and was placed behind the victim (55 years old) who was stopped to get customers on the back of the passenger car of the Defendant, and was placed behind the left side of the victim (5 years old) who was stopped to get customers on the back of the passenger car.

Ultimately, even if the Defendant suffered injury, such as salt, tension, etc., to the above victim for about two weeks of medical treatment due to 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. Statement to E by the police;

1. The actual survey report on traffic accidents;

1. Application of statutes governing damaged taxi photographs;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of punishment by law: One year to thirty years;

2. Aggravation of the recommended punishment according to the sentencing guidelines [the range of recommended punishment] according to the sentencing guidelines for traffic crimes [the range of punishment [the range of recommended punishment and recommended punishment] shall be sentenced to imprisonment with prison labor for eight to one year and six months [the range of recommended punishment revised according to the sentencing guidelines] after a traffic accident. .

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