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(영문) 서울동부지방법원 2014.03.27 2013고단3291
특정범죄가중처벌등에관한법률위반(도주차량)
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

On September 23, 2011, the Defendant, who is engaged in the business of driving a two-wheeled vehicle C, was driving the said two-wheeled vehicle at a speed of 50 km per hour from the king, the two-lanes of the road in front of the 192-8 king, Seongdong-gu, Seoul, Seongdong-gu, Seoul.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded with the stop signal as it is, instead of disregarding the fact that the vehicle progress signal is changed to the stop signal, and caused the victim to go over the ground by taking the body part on the left side of the victim D (the age of 54) where the above crosswalk was cut up according to the pedestrian signal.

Ultimately, even though the Defendant suffered from an injury, such as a 6 cage cage at the left-hand side, etc., due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a traffic accident investigation report, CCTV-faging photograph, driver's license register, and diagnostic certificate;

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

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

1. 법률상 처단형의 범위 : 징역 1년 ∽ 15년

2. 양형기준상 권고형의 범위 : 징역 8월 ∽1년 6월 [교통범죄군, 교통사고 후 도주, 제1유형(치상 후 도주 ,...

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