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(영문) 대전지방법원 천안지원 2016.11.04 2016고단1764

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 a person who is engaged in driving a spak vehicle B.

On July 25, 2016, the Defendant driven the above car at around 18:45, and led to the direction of the Scco apartment from the direction of the Csco apartment in the direction of the Csco apartment.

Since there is a center line of yellow-ray, in such a case, a person engaged in driving service has a duty of care to thoroughly operate the electric-line and to safely drive the car line.

Nevertheless, the Defendant neglected this and proceeded with the center line by the negligence of the Defendant, and received the full left part of the victim’s rocketing motor vehicle E, which was facing the center line, from the Defendant, to the left part of the Defendant’s motor vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the victim’s car pentle, painting, etc. while destroying and damaging the 604,668 won of repairing expenses, such as car pentle and painting, and without taking necessary measures to rescue the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report, each photograph, and summary map;

1. A medical certificate;

1. A detailed statement of maintenance of automobile occupation points;

1. Application of each blackbox CD-related statute

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing in Article 62-2 of the Criminal Act [Scope of Recommendation] (traffic Offenses) where minor injury (special mitigation) occurs (one and two types) in the mitigation area (six to one year after bodily injury) (one year). The same kind of punishment is applicable to the case where minor injury (one and two types of punishment) is committed.