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(영문) 전주지방법원 남원지원 2017.03.28 2017고단5
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The punishment of the accused shall be determined by a year of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On December 6, 2016, the Defendant driven the above cargo vehicle around 17:55, and driven the road of the E-lane Do in front of the oil station in South Won-si, Namwon-si.

A driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering gear and steering devices.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, caused the victim to go beyond the ground floor by driving a bicycle driving by the victim F (F.M. 76 years old) who was driving in the same direction from the front direction of the Defendant’s proceeding.

Ultimately, even though the Defendant suffered from an injury, such as blood transfusion, etc. from an external wound with no open address within 8 weeks, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A statement of the F;

1. Traffic accident reports, reports on internal investigation, each investigation report, and the application of Acts and subordinate statutes to the injury diagnosis report;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for the protection and observation of protection and the reason for sentencing [the type] [the reason for sentencing] under Article 62-2 of the Social Service Order Act / [the reason for sentencing] type 1 [the person who has attempted to abscond after the injury] mitigation element / [the scope of the recommended sentence] mitigation area / [the scope of the recommended sentence] six months to one year [the main reason for suspended sentence] Suspension of sentence / [the decision of sentence], and the age of the defendant

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