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(영문) 대전지방법원 서산지원 2016.05.12 2016고단181
특정범죄가중처벌등에관한법률위반(도주차량)
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of D High Class III cargo vehicles.

On January 15, 2016, the Defendant driven the above cargo vehicle on a one-lane road in the Donsan Donsan-si, Seosan-si, Seosan-si, Donsan-si, Donsan-do, at a speed of about 30 km from the funeral distance to the front of the said vehicle, while driving the said cargo vehicle at a speed of about 30 km from the front side of the funeral distance.

At the time, there were nights, and there were no street lamps around them, so, the driver of the motor vehicle had a duty of care to safely operate the front door and the right and the right by looking at whether there is a person walking around the driving direction of the motor vehicle in order to view whether he/she is a person walking around the driving direction.

Nevertheless, the Defendant neglected to do so and did not discover the victim E (W, 61 years old) who was walking ahead of the running direction of the cargo vehicle that the Defendant is driving by the negligent negligence and received the above victim in front of the right side of the said cargo vehicle.

Defendant, by such occupational negligence, suffered injury to the victim, such as cerebral brain damage, etc. without any wife in the two parts, which require treatment for about 16 weeks open, and the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual condition and an accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The mitigation area (from June to October) of the mitigated area (the person who has been specially mitigated) is not subject to punishment (including efforts to recover damage).

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