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(영문) 부산지방법원 동부지원 2018.05.09 2018고단445
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three 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 service B 124cc.

On December 28, 2017, the Defendant driven the above 01:50 on the 01:0 on the 28th day of December, 2017, which led to the flow of the paths near the 308 Busan Military Manpower Administration to the intersection of the telecom.

At the time, there was night and there was a duty of care to report the traffic situation of the vehicle in front and prevent the accident in advance because the operator of the vehicle was engaged in the construction of telecommunication cable for the section C in the SK Telecom.

Nevertheless, the Defendant neglected to do so and did not discover the victim D(61) who was working in the construction area due to the violation of the duty of an ex officio, and did not look at the victim D(61) and shocked the left-hand side of the victim's right-hand side.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer injury, such as the left-hand pelle and the upper pelle pelle pelle of the upper pelle, which requires approximately 12 weeks of treatment, and even if she immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to E, F, and D;

1. The actual investigation report on traffic accidents;

1. Each investigation report (the diagnosis report of the victim and the photograph of the father on the part of the victim);

1. Application of each black image statute

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The basic area (from August to one year and six months), which is the basic area (including special mitigation (including efforts to recover damage) / In the event of serious injury, or life is significant due to escape after traffic accidents.

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