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(영문) 부산지방법원 2020.01.16 2019고단4991
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three 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 service of the SV125B.

On September 16, 2019, the Defendant driven the above Oarba on the 16:50 on September 5, 2019, and led the front road of Busan East-gu C Apartment to the E apartment from the side of D apartment.

Since there is a narrow sloping road, there was a duty of care to prevent accidents in advance by keeping the vehicle parked on the alleyway at a sufficiently safe distance from those walking.

Nevertheless, the Defendant neglected to do so and got the left part of the Victim F (year 41) who was walking alone while walking alone, and suffered approximately two weeks of treatment from the victim, but failed to immediately stop the vehicle and escape without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement concerning F;

1. A traffic accident statement;

1. Application of traffic accident reports (1), (2), photographs of accident site, reports on the occurrence of traffic accidents, and photographs related to traffic accidents;

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. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Where a minor injury (special mitigation) occurs in the mitigated area (six months to one year) (special mitigation) after a traffic accident by applying the sentencing guidelines (Scope of recommending punishment).

2. The fact that the Defendant, while driving the Ototoba, did not take any relief measures despite the injury of the victim, who caused the injury to the victim.

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