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(영문) 청주지방법원 2018.05.03 2017고단2086
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

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 driving a Switzerland car.

On July 9, 2017, the Defendant driven the above car at around 19:40 on July 19, 2017, and moved the front of the road of the Do Office which is located in the cultural Dong of a considerable area of the Cheongju-si to the land-distance outflow.

In this case, the driver has a duty of care to check whether there is any person who gets on the way to reduce the speed and to check the right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and proceeded on the right side by his negligence, thereby putting the victim D(46) to the left side from the right side, and received the victim D(46) as the front part of the SP car.

Ultimately, even if the Defendant, by negligence in the above business, caused the victim to suffer from the salt pansion of the booms that require approximately two weeks of treatment, 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. Statement made by the prosecution against C;

1. Written statements of D;

1. A survey report on actual conditions;

1. A report on the occurrence of traffic accidents;

1. A photographic image of an accident;

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 selection of imprisonment with prison labor;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures;

1. The sentencing criteria [Scope of the recommended punishment] shall be the mitigated area (from June to one year) (in case of a special mitigated person] after a traffic accident, where the minor injury has occurred (from June to two types);

2. The circumstances under which the sentence of sentence is rendered, and the age, occupation, sex, family relationship, and post-crime of the defendant.

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