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(영문) 인천지방법원 부천지원 2017.12.13 2017고단2330
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not less than eight 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 Csch Rexton car.

On May 23, 2017, the Defendant driven the above car at around 23:10, and led the front of the 1020 lub village 1020 lub village 'blub village 65' road to the direction of the above apartment 1023 dong.

At the time, there are nights and places, and there are many pedestrians, so the driver of the motor vehicle has a duty of care to prevent accidents and safely drive the motor vehicle by accurately manipulating the front door and the left door and the left door, and accurately operating the steering system.

Nevertheless, the Defendant neglected this and proceeded without examining the front bank properly, and caused the victim to go beyond the ground by taking the left side of the victim D (50 years old) who crossed the road from the right side of the Defendant's proceeding to the left side.

Ultimately, even if the Defendant suffered injury, such as the denial of franchising on the part of the side that needs to be treated for about six weeks due to the above occupational negligence, 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. Each police statement made with respect to E and D;

1. A medical certificate;

1. A traffic accident inspection report and a report of 112 case;

1. Application of Acts and subordinate statutes to a report on investigation (the extent of injury to a victim);

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 choice 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the records, such as the defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc.

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