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(영문) 대전지방법원 2014.12.23 2014고단3744

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

Reasons

Punishment of the crime

On August 29, 2014, at around 19:30, the Defendant driven a C rocketing car, and proceeded from the direction of the Jinnam-gu, Daejeon to its original village along three-lanes of the Sinsando road in the Dongnsan-dong, Daejeon. The Defendant had a duty of care to prevent accidents by operating the steering and operating the steering system safely by keeping the front and the steering system, while there was a prior vehicle parked due to the vehicle’s body, while there was a prior vehicle parked.

In addition, the Defendant neglected this and discovered the E-learning Motor Vehicle of the Victim D (hereinafter referred to as the age of 47) driving at the latest, and attempted to stop without taking necessary measures, such as aiding and abetting the victim, even though he was damaged by KRW 456,390 for repair cost of replacement of the back of the rocketing Motor Vehicle, which requires approximately two weeks of medical treatment, thereby causing injury to the victim, such as salt, tension, etc. of the rocketing Motor Vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D 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, Articles 148 and 54 (1) of the Road Traffic Act (the point where measures are not taken after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Traffic Crime Group, Escape (Type 1), Special Mitigation Zone, 6 months to 10 months to 6 months to 10 months to 10 months to 10 months to 2 months to 2 months to 2 years to 2 years to 2 years to 2 years to 2 years to 2 times to 2 years to 2 years to 2 years to 2 years to 2 years to 2 years to