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(영문) 수원지방법원 안산지원 2018.07.10 2018고단970
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of 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 of fixed cargo C.

On July 25, 2017, the Defendant driven the above cargo vehicle at around 07:32, and proceeded along the three-lanes in the direction of the side distance from the IC on the side of the side of the road in the direction of the road in the direction of the side of the city. The Defendant became to turn to the left in the direction of the road in the direction of the side of the road.

On the road, there was a center line installed, and there was a prohibition of left-hand turn in the opposite direction, so in such a case, there was a duty of care to make a person engaged in driving of a motor vehicle not to turn left-hand turn beyond the center line.

Nevertheless, the Defendant, by negligence outside the center line in a zone where the left-hand turn was prohibited, left-hand turn the victim F, who was riding a bicycle in the direction of the front road in front of the above D, was placed in front of the above cargo vehicle, and had the victim go beyond the floor, and had the victim go beyond the floor, and had the victim suffer an injury to the victim, such as a shocking booming blood, etc. without any address open for about six weeks, but failed to immediately stop and rescue the damaged person.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each police statement made to F and G;

1. Recording records;

1. Each medical certificate and medical record;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of each statute on photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the evidence, such as the observation of protection, the statement by witnesses of reasons for the sentencing of Article 62-2 of the Criminal Act, the victim’s condition at the time of the sentencing, etc., it is evident that the need for relief, such as where the victim was aged lost his mind and the criminal intent of escape was committed even after the shouldering.

(b) the circumstances of the accident.

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