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(영문) 대구지방법원 김천지원 2019.05.23 2019고단85
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for 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 B-Wood Motor Vehicle.

On December 23, 2018, the Defendant driven the above car on December 23, 2018, and proceeded to turn to the left from the e-house surface of the D Association in Kimcheon-si, Kimcheon-si.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to ensure that a person engaged in driving a motor vehicle has a duty of care to build a road on a crosswalk by reducing speed and by properly examining the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to turn to the left in contravention of the signal and received the victim F (72 years old) from the left side of the last direction of the traffic, to the right side of the road in accordance with the pedestrian signals, on the right side of the driver’s vehicle.

Ultimately, even though the Defendant suffered from an injury, such as an injury to the left-hand body, which requires medical treatment for about 16 weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report and photographs of each field;

1. Report on internal investigation (Attachment to the table for handling cases reported 112), and table for handling cases reported 112, respectively;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 for a crime;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One to thirty years of imprisonment;

2. The range of recommended punishment according to the sentencing guidelines [the determination of types] shall be limited to traffic crimes, and the escape [the person who has been specially punished] after causing a traffic accident [the person who has been injured] and escape [the person who has been sentenced to mitigation] shall be sentenced to aggravated punishment (including serious efforts to recover damage):

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