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(영문) 의정부지방법원 2019.06.12 2019고단1502
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 who is engaged in the business of driving a motor bicycle in W125.

On March 13, 2019, at around 17:03, the Defendant continued the front road of the “D Pharmacy” located in the Namyang-si, Gyeonggi-do, with two lanes of speed 50km, depending on the two-lanes of speed 17:03.

Since the vehicle signal and pedestrian crosswalk are installed, the driver is in accordance with the direction of the crossing, and the driver has a duty of care to protect pedestrians by temporarily stopping in front of the crosswalk.

Nevertheless, the Defendant neglected this and caused the victim G (seven years of age) who was standing on the front side of the above motorcycle to the Friju station from D pharmacy due to negligence in violation of the duty of signal and pedestrian protection, and caused the victim to go beyond the ground.

Ultimately, even though the Defendant suffered injury to the victim, such as salt and tension, etc. on each side of the two weeks of treatment, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Reporting on the occurrence of a traffic accident;

1. Photographs of the accident site;

1. Accident video CDs;

1. Application of Acts and subordinate statutes of a medical 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 concerning the crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation according to the sentencing guidelines of the Supreme Court] The traffic crime group, after traffic accident, runs away from the road by receiving the victim who is the elementary school student walking the crosswalk according to the pedestrian signal, even though the defendant, who is the primary school student walking the crosswalk, does not stop.

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