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(영문) 춘천지방법원 원주지원 2013.04.02 2013고단68

특정범죄가중처벌등에관한법률위반(도주차량)등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a car.

At around 21:20 on December 13, 2012, the Defendant proceeded along with a one-lane road from the side of the original city to the gate in front of the front city at the front city.

Before the same direction, the victim C(the age of 32) was followed by the DSS5 car driven by the victim C(the age of 32), so the driver was well aware of the situation and there was a duty of care to secure and proceed with the safety distance to avoid when the vehicle stops.

Nevertheless, the defendant neglected this and failed to avoid driving a victim's vehicle due to negligence in the vicinity of the vehicle, and received the rear part of the victim's vehicle as the front part of the defendant's vehicle.

The Defendant, by the foregoing negligence, committed an injury to salt, tension, etc. in the light of the trend requiring treatment for about two weeks, and escaped without immediately stopping the victim’s vehicle while destroying and damaging the 3,461,168 won to ensure that the 3,461,168 won of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of the kind of punishment as alternative imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration, agreement, purchase of comprehensive automobile insurance, degree of injury suffered by the victim, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to attend a lecture under Article 62-2 of the Criminal Act (Considering that there is any history of violating the Road Traffic Act in several instances);