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(영문) 수원지방법원 평택지원 2019.02.28 2018고단1965
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 of BSkic motor vehicles.

On October 7, 2018, the Defendant driven the above vehicle at around 08:50 on October 7, 2018, and led to the left turn to the right right-hand turn at the front of the sexual street in the 791 Sinsan-Eup Ski-ri, fungpo-ri, fungpo-ri.

It is a road where signal lights are installed, so in such a case, a person engaged in the driving of the motor vehicle has a duty of care to observe the signal and drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and neglected the left turn in violation of the signal, and led the part on the side of the driver's seat of the driver's vehicle on the front side of the driver's seat of the victim E (the 44 years old) who was under protection left turn due to the gallon of the building C in front of the right-hand turn.

Ultimately, the Defendant, by occupational negligence, escaped without taking measures, such as providing relief to the victim, even though he/she suffered injuries, such as salt, tension, etc., in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each report on investigation;

1. Photographss of fluorbbbox images of damaged vehicles;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment with labor concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentencing of Article 62(1) of the Criminal Act does not focus on the degree of damage to the victim for the reason of sentencing of Article 62(1) of the Criminal Act, but was agreed with the victim, and the defendant's particular criminal record

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