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(영문) 수원지방법원 2017.01.18 2016고단7040
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

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 BM5 car.

On 15, 2016. 15. 01. 01. 01. 01. 01. 1. 01. 01. 1. 01. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2.

Since a crosswalk is installed on the front side, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle constructs a road by reducing speed and checking the right and the right and the right of the motor vehicle, and to safely drive the road.

Nevertheless, the Defendant neglected to stand the crosswalks to port from the right side of the running direction due to negligence while driving the crosswalks, she was faced with the front part of the passenger car driven by the Defendant. As a result, the damaged person went beyond the road to the right side of the said car.

Ultimately, even if the Defendant suffered from an injury, such as a stoke stokes, in need of the victim’s treatment for about five weeks due to such 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 to D or C;

1. A traffic accident report (1) a actual survey report;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant 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 and the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommended punishment] There is no basic area (from August to January 6) (the person subject to special sentencing) (the person subject to special sentencing) of the category 1 (the escape after bodily injury) after traffic accident [the sentence] (the decision subject to special sentencing] (the victim is a victim.

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