logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2018.01.30 2017고단1735
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 a MF6 car.

On June 28, 2017, the Defendant driven the above car at around 19:30, and proceeded with the road on which the crosswalk in front of the D convenience store in C is installed, from the west of the fixed water supply pipe, to the upper elementary school.

Since there is a crosswalk in the children protection zone, the driver has a duty of care to protect the children's pedestrians and safely drive the crosswalk.

Nevertheless, the Defendant neglected to do so and got the victim E (8 tax) who dried the crosswalk from the right side of the running side of the vehicle of the Marined Defendant, to the left side, as the front part of the said vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained kneee knee knee knee knee knee knee, etc., and escaped without taking necessary measures, such as aiding the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report (to attach photographs to the images of CCTV accidents and to the caps) and investigation report (the confirmation of CCTV around the F Park and the closure photographs);

1. A medical certificate;

1. Application of statutes on site photographs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The application of the sentencing guidelines [the scope of the recommended punishment] shall be limited to the victim of the special mitigation area (one year from March to one year) (a person with special mitigation) (a person with considerable fault in the occurrence of traffic accidents or the expansion of damage after a traffic accident.

arrow