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(영문) 창원지방법원 진주지원 2018.03.28 2018고단89
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of 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 the duty of driving B rocketing taxi.

On November 6, 2017, the Defendant driven the above vehicle around 18:30, and proceeded at the speed of one way between the two lanes in front of the modern apartment house, which is located around 12-2, a speed of 815, from the 3rd distance adjacent to the beginning of the middle of the week, to the front of the modern apartment.

Since a crosswalk and signal apparatus are installed, in such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by checking whether or not the person engaged in driving the motor vehicle has a pedestrian crossing and complying with the signal.

Nevertheless, when the Defendant neglected this and proceeded with the red signal as it is and did not perform his duty to see the front side by negligence, the above crosswalk was placed in front of the above vehicle that the Defendant driven by the victim C (11 ) who was a fright from the left side of the direction of the Defendant’s running.

Ultimately, even though the Defendant suffered bodily injury, such as satisfe salt, etc., on both sides of the instant 3 weeks of medical treatment, due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Bluice stuffs images;

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 and Article 268 of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The measure of recommending the application of the sentencing criteria: Where illegality is serious; one year to three years (in the area of aggravated punishment):

2. The defendant's decision to sentence two times the criminal punishment of traffic accidents, and the illegality of traffic signal violations and crosswalk invasions is serious.

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