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(영문) 창원지방법원 2019.09.05 2018고합124
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

except that 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-bea car.

On December 25, 2017, around 21:35, the Defendant continued the side road front of the D convenience point in Jinju-si, Jinju-si, to E in front of the D convenience point.

Any person is prohibited from driving alcohol while drinking, and there are pedestrians at the same time, so in such a case, there was a duty of care to safely operate the brake system and prevent accidents by driving the driver in a safe manner.

Nevertheless, the defendant neglected this and did not find out the victim F (35 years of age) who walked in the same direction from the right side of the defendant's way to the right side of the way, and received the above passenger car's first front part.

Ultimately, the Defendant, due to the above occupational negligence, escaped without taking measures, such as aiding the victims, even though he suffered injuries, such as the 4th anniversary of the left-hand side in need of medical treatment, and the duplicating part of the right-hand side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident, a traffic accident report, a actual condition investigation report, and an accident-related photograph;

1. Application of Acts and subordinate statutes of the medical certificate (F);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The range of recommendation [decision of type] according to the sentencing guidelines for traffic crimes: The escape [the first type] after bodily injury [the special appearance] - In the case of drunk driving, etc., the element of mitigation - In the case of drunk driving, etc.: the person not subject to punishment [the scope of recommendation area and recommendation range].

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