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(영문) 전주지방법원 남원지원 2017.01.17 2016고단283
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 CEX car.

On December 20, 2016, the Defendant, around 19:00 on December 20, 201, proceeded along two lanes from the parallel parallel to the mountain.

A driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering system, steering system, and brake system.

Nevertheless, the Defendant neglected this and did not discover the victim E (69) who was driving a bicycle at the edge of two-lanes of the above road due to negligence that neglected to neglect this, and did not discover the victim E (69) and got the bicycle left hand part between the right side of the Defendant’s car and turned the victim above the ground.

Ultimately, the Defendant, by occupational negligence, escaped without immediately stopping the victim and taking necessary measures, such as providing relief to the victim, even though the victim suffered injury, such as “a dubing and closing the body part in which the details of the body of the body of the body are unknown,” which requires approximately nine weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual condition, photographs of the scene of accident, photographs of the damaged vehicle, and reference pictures;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) and (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 to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The mitigated area (including six months to one year), the mitigated area (including efforts to recover damage) [the person who has been specially mitigated] mitigated, despite clearly recognizing the occurrence of an accident (the decision of sentencing], and the fact that the person has escaped, and the person has failed to properly perform his/her duty of care prior to the fear of driving mobile phones.

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