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(영문) 대전지방법원 천안지원 2019.08.12 2019고단1275
특정범죄가중처벌등에관한법률위반(도주치상)
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 engaging in driving motor vehicles B.

On April 27, 2019, the Defendant driven the above vehicle on April 23:31, 2019, and continued the front way of the “D” located in Western-gu C in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu.

At this time, there are many and unspecified pedestrians who are in a concentrated place, such as restaurants, stores, etc., so in such a case, there was a duty of care to properly manipulate the steering direction and brakes to prevent accidents in advance by properly manipulating the steering direction and brakes when pedestrians are discovered.

Nevertheless, the Defendant neglected to do so and went beyond the floor by taking the part of the victim G (Nam, 29 years old) who was fright before the direction of the Defendant’s proceeding, as the front part of the frighting vehicle, and let the victim go beyond the floor.

Ultimately, even though the Defendant suffered bodily injury, such as salt of the body organs, etc., for about two weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on traffic accidents and a report on actual condition;

1. A medical certificate;

1. Photographs of the accident site;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

1. 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;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of the recommended punishment according to the sentencing guidelines [the decision of type] shall be limited to the range of the recommended punishment [the range of the recommended punishment] according to the sentencing guidelines, which there is no escape [the person who is a special person] after bodily injury [the range of the recommended punishment]. The basic area of the escape [the range of the recommended punishment and the person who is a special person], the imprisonment for August through January 16 [the range of the recommended punishment revised according to the applicable punishment].

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