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(영문) 청주지방법원 2018.05.17 2017고단1709
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended 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 Cart-type passenger vehicles.

On May 15, 2017, the Defendant driven the above car at around 13:50 on the 15th day of May, 2017, and continued to run the 121st day of KT at the center of the petition of the Cheongju-si, the office of the Defendant, at the window of the Chang Science Industrial Complex.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a right to drive the motor vehicle by reducing the speed and by properly examining the front side and the right and the right.

Nevertheless, the defendant neglected this and proceeded as it is, while the victim D(7) finds it late to cross the crosswalk to the right side from the left side of the set-off car driving direction, and did not avoid the victim and did so to the front part of the set-off car.

Ultimately, even though the Defendant suffered injury to the victim due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victimized person, even though he/she did not suffer injury to the victim due to the diversity typology, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of accident video CD-related Acts and subordinate statutes

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 selection of imprisonment with prison labor;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines [Scope of the recommended punishment] 2 where minor injury occurs in the mitigated area (from June to one year) (a special mitigated person] after traffic accident, the sentencing guidelines as shown in the records, such as the defendant's age, occupation, sex, family relation, and circumstances before and after the crime, etc.

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