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(영문) 인천지방법원 부천지원 2019.02.19 2018고단2714
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B cream bicycle.

On August 29, 2018, the Defendant driven the above motorcycle on August 19, 2018, and driven the three-lane of the D University in Seocheon-si, Seocheon-si, along the three-lane from Incheon Myeon to Seoul Myeon, driven the three-lane road at a speed of about 50km.

At the time, there are many rains at the time, and there are three-distance crossings in which signal lights and crosswalks are installed, so in such cases, the driver has a duty of care to check whether there is a person who gets on a way to reduce speed in advance, observe signal, and see well the right and the right of the road and to drive safely.

Nevertheless, the defendant neglected this and, even if he was a stop signal, got the victim E's bridge, which was a walked along the pedestrian signal from the left side of the bend, to the right side of the bend in the right side of the bend, and had the victim go beyond the floor.

Ultimately, the Defendant, by negligence in the course of performing the above duties, suffered from a marbre in a part of the upper right frame that requires treatment for about three weeks, but immediately stopped, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is favorable to the defendant (the fact that the defendant recognized his responsibility for the crime of this case), and the circumstances unfavorable to the defendant, which caused the walking signal to the walking signal by a prior negligence in violation of the suspension signal.

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