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(영문) 수원지방법원 성남지원 2020.06.12 2020고단1141
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not more than ten 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 engaging in driving a rocketing car.

On March 3, 2020, the Defendant driven the above car on March 13, 2020, and led the D front side road located in Gwangju City to the Eth page from the jurisdiction of the Gwangju Water and Wastewater Works Office.

At the same time, both vehicles are parked on a narrow side, and in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents due to the following: (a) the person engaged in driving a motor vehicle has a duty of care to ensure that the traffic conditions in the front way are well taken well and safely

Nevertheless, the Defendant neglected this and got the victim F (five years of age) who enters the right side of the instant rocketing vehicle on the back-road parking lot immediately adjacent to the back-road parking lot due to his negligence and went beyond the road floor.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as an open room to the right side, which requires treatment for about three weeks, but did not immediately stop and take necessary measures, such as aiding the victim, and escaped as it is.

Summary of Evidence

1. Statement of the police concerning G of the defendant in court;

1. Application of the Acts and subordinate statutes to the CCTV closure photographs and damaged part photographs of the victim in an accident site in a medical report on the actual condition of survey;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant, who caused a traffic accident, escaped without taking relief measures despite being injured by the victim, and the Defendant’s liability for such crime is not somewhat weak.

However, the defendant's vehicle shows an attitude to reflect the error, and the damage caused by the traffic accident is not very serious, and the defendant's vehicle is driving.

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