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(영문) 춘천지방법원 원주지원 2014.11.04 2014고단867

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 of a car at Cnua.

On August 2, 2014, at around 19:57, the Defendant: (a) driven the above vehicle and driven the road front of the station located within the jurisdiction of the Gangseo-gun, which is located in the jurisdiction of the Gangwon-gun; (b) while driving the road from the port of the Seo-ri to the port of the Seo-ri, the Defendant, without putting the frontway properly; (c) due to the occupational negligence on the part of the victim D (e.g., the victim D (e., the age of 53) driven by the central line, driving on the opposite lane, suffered an injury, such as a light-fluoral salt, which requires treatment for about three weeks on the left side of the Defendant’s vehicle; and (d) at the same time, the Defendant destroyed the said mother-learning vehicle to repair the repair cost of KRW 1,410,918 and does not immediately stop the vehicle; and (d) escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of written estimates and written diagnosis to statutes;

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 (see, e.g., reflectiveness, automobile insurance, and no criminal record or heavier than a suspended sentence);

1. Article 62 (1) of the Criminal Act (Reasons for discretionary mitigation and age of defendants, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;