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(영문) 춘천지방법원 2014.03.20 2013고단1148

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a rocketing car.

At around 22:50 on August 8, 2013, the Defendant operated the said vehicle on the front of the “Gangwon potashum,” located in the Magwon, Namcheon-si, Namcheon-si, Namcheon-si, Namcheon-do.

At the time, there is a night and a place where the center line of the yellow real-line is installed, so there was a duty of care for a driver in charge of driving duty to thoroughly see the front-way and to safely operate the car line.

Nevertheless, the front part of the EM3 car driven by the victim D(the age of 53) in the opposite opposite lane due to negligence of the central line was received by the defendant as the front part of the car of the defendant.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim FF (the 53 years of age, women) who took advantage of the damaged vehicle for about 12 weeks in need of approximately 12 weeks in need of medical treatment, suffered injury to the victim's dynasium, including 28 years of age and women, and suffered injury to the victim G (the 28 years of age and women) who took advantage of the damaged vehicle for about 14 weeks in need of medical treatment, and escaped without taking measures such as providing relief to the victim, even if the damaged vehicle damages the dynasium of KRW 10,061,778, to the dynasium of the dynasium for about 10,061,778, while stopping the dynas.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by D and H;

1. The actual condition of traffic accidents;

1. Each written diagnosis on D, F, and G;

1. Application of the written estimate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.