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(영문) 부산지방법원 2016.01.12 2015고단6925
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for one year.

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 vehicle Q3 AWD.

On July 24, 2015, the Defendant driven the above car at around 01:35, and came to turn to the left at the direction of the front-time children's play in the direction of the front-time children's play place on the front-time railway station in the Geum-gu Seoul Metropolitan City.

At all times, a crosswalk without signal lights was installed, and the victim C(55) and one driver on a pedestrian-road are standing the crosswalk, so in such a case, the driver had a duty of care to safely check the right and the right to the front and the right to the front and the right to the front and the right to walk on the crosswalk, and to prevent the accident by driving the crosswalk safely.

Nevertheless, the defendant neglected this and did not find a victim walking the crosswalk and proceeded without finding it, and the victim's bridge, which was dried up on the left side of the defendant's moving side from the right side of the way to the right side of the defendant's moving side, got the victim's front gate of the defendant's moving side over the road.

After all, the Defendant, by the above occupational negligence, suffered from the slocks and slocks that require the victim to receive approximately two weeks of medical treatment, but did not immediately stop and take necessary measures, such as aiding and abetting the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of C accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual investigation report on traffic accidents;

1. Relevant 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 and the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Considerations, such as the degree of injury to the victim and subscription to comprehensive insurance);

1. Reasons for sentencing under Article 62-2 of the Criminal Act with regard to protection and observation, order to provide community service and order to attend a lecture [the scope of recommended punishment] The basic area (from August to June) (the person subject to special sentencing for a period of 8 months) is nonexistent after traffic accidents;

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