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(영문) 제주지방법원 2012.10.18 2011고단1210
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2011, the Defendant, who is engaged in driving Cran-do, driven the above vehicle on June 22, 201, and proceeded at a non-speed speed depending on two-lanes of the two-lanes from the area of the one-day square to the front road of the Seopo-dong in Seopo-si, Seopo-si.

Since there is a crosswalk installed on the front side, in such a case, the defendant who drives a motor vehicle has a duty of care to check whether there is a person who gets on a way to reduce speed and see well the right and the right and the right and the right and the right of the motor vehicle, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to stop the above crosswalk and escaped without taking necessary measures, such as providing relief to the victim, as the victim D (the age of 49) who crossed the above crosswalk to the right side from the left side of the left side of the above Defendant’s vehicle was shocked in front of the left side of the above Defendant’s vehicle, and the victim suffered approximately six weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Partial statement of witness E in the second protocol of the trial;

1. Some statements in the prosecutor's statement concerning D;

1. Certificates of medical records, certificates of actual traffic accidents, fact-finding results with respect to F hospitals, application of Acts and subordinate statutes to report on investigation (119 reported details);

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant has agreed smoothly with the victim, and there is no record of punishment imposed exceeding the same criminal records or fine);

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Article 62-2 of the Criminal Act and the order to attend lectures and the order to provide community service order.

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