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(영문) 춘천지방법원 영월지원 2020.02.25 2019고단525
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 KS7 car.

On October 23:38, 2019, the Defendant driven the above car and made it left left at the right angle from the direction of E to the Cheong-ri, Cheong-ri.

At the time, there is a duty of care to prevent accidents by driving a motor vehicle safely after thoroughly checking whether there is a pedestrian by driving the motor vehicle, since it is a night and a large range of pedestrians on the alley streets.

Nevertheless, the defendant neglected this and got the upper part of the victim F (the age of 44) to build a road on the left-hand side from the right-hand side of the victim F (the age of 44) to the upper part of the car.

Ultimately, the Defendant got about two weeks of treatment to the victim due to the above occupational negligence, and knee knee knee knee knee knee kne, and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a site photograph of an accident, a vehicle photograph, a closure of the accident scene;

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 for orders to attend lectures and orders to provide community service;

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

2. The range of recommended sentences according to the sentencing guidelines [decision of type] traffic crimes shall be limited to the range of recommended sentences [the category 1] and there shall be no escape [the range of recommended sentences] after bodily injury [the range of recommended sentences], the basic area of the escape [the range of recommended sentences], the imprisonment with labor for August through January 16 [the range of recommended sentences corrected according to the applicable sentences], and the imprisonment with labor for one year to June, respectively.

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