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(영문) 수원지방법원 2018.10.23 2018고단3244
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of 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 DNA car.

On January 22, 2018, the Defendant driven the above vehicle at around 18:10 and proceeded ahead of the F gas station E at the time of harmony with the front of the road at the front of the water station at the front of the mountainside.

At all times, the victim G(63) was placed above the above road on the front bank, and thus, the defendant was under duty of care to safely drive the road, such as reducing speed according to road conditions and accurately operating the brake system, and thereby preventing accidents.

Nevertheless, the Defendant neglected the duty of the front week and failed to properly operate the brake system, thereby resulting in the Defendant’s negligence on the right side of the car driving.

As a result, the Defendant, by occupational negligence, caused the victim to suffer injury to divers, such as cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Sponsor, which requires approximately five weeks medical treatment

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Reports on internal investigation and investigation, and reports on internal investigation (the details of internal investigation and suspect;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] The reason for sentencing under Article 62-2 of the Order to Attend a School is [the case where the defendant has escaped without taking necessary measures even though the defendant caused a traffic accident involving a victim who walked on the road.

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