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(영문) 의정부지방법원 고양지원 2014.03.28 2014고단104
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 C low-est car.

around 22:08 on December 30, 2013, the Defendant continued to proceed from the side of the Papdong to the dialogue dynamic of the road in front of the six complexes of the Sogdong-gu Papdong-gu, Seoyang-si.

Since there are crosswalks where signal lights are installed, in such cases, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce speed and to see well the right and the right and the right and the right and the right and the duty of care to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and caused the victim D (the 16-year-old age) who dried the crosswalk in accordance with the opposite side of the victim's left knee in front of the right side of the victim to go beyond the ground by neglecting the vehicle stop signal.

Ultimately, even though the Defendant suffered injury to the victim, such as the bones, bones, etc. requiring medical treatment for about three 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. Statement of the police preparation D;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (debriser Eline Statement);

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act falls under the basic area of traffic crimes, escape after traffic accidents, and Type 1, and thus falls under 8 months to 1 year and 6 months.

The defendant is led to the confession of and against the crime, and the victim is the front wife by agreement with the victim, and the circumstances of the traffic accident in this case and after the traffic accident.

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