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(영문) 청주지방법원 2016.12.08 2016고단1517
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 who is engaged in driving of a vehicle B with low bid.

On April 17, 2016, the Defendant driven the above car at around 06:00 and proceeded to turn to the left at the lower parking lot from D to the lower parking lot.

In such cases, a person engaged in driving service has a duty of care to live well, operate steering and brakes, and prevent accidents by safely driving them.

Nevertheless, the Defendant left the road on the right side of the running direction by negligence while neglecting this, and suffered injury to the victims E (the 59-year old) who cross the road on the right side of the said vehicle as the front part of the driver's seat of the said vehicle and suffered injury to the brain-dead, etc., which requires treatment for about three weeks in open, but failed to immediately stop and take necessary measures, such as providing relief.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of the police statement of E;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. CCTV closure photographs and video CDs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing in Article 62-2 of the Criminal Code of the Order to Attend [Scope of Recommendation] The area of mitigation (6-1 year after the injury) [Special Mitigation] (including efforts to recover damage] in the area of mitigation (6-1 year), the area of mitigation (including a serious effort for recovery of damage] [Pronouncement decision] unfavorable circumstances: negligence is heavy, and circumstances in which the nature of the crime was bad in light of traffic accident contents and escape circumstances: multiple behaviors were considerably agreed, and the victim and the victim are often divided.

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