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(영문) 춘천지방법원 2015.01.15 2014고단1235

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On September 17, 2014, the Defendant driven the said car on September 17, 2017:20, and continued to drive the said car at a point of 54 km in the Mancheon-si, Namcheon-si, Namcheon-si, Seoul, Yangyang Highway at a point of 54 km from Seoul to the two sides of the city at a speed of about 100 km.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering left and left well and the steering system of the person engaged in the driving of motor vehicles, and to prevent accidents.

Nevertheless, the Defendant was negligent in driving a stroke while driving a stroke and without examining the stroke while driving the stroke, and received the back part of the stroke drive in the same direction as the front part of the stroke drive in which the victim D (year 48) drives the stroke drive in the same direction.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim D, such as light salt, etc. for about two weeks in need of medical treatment, injury to the victim F (the age of 51), and injury to light salt, etc. requiring medical treatment for about two weeks, and escaped without immediately stopping the damaged vehicle and taking necessary measures, such as providing relief to the victims, even though the damaged vehicle was damaged by KRW 2,990,317.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of the medical certificate (two weeks, such as D, light chlorates, etc.), medical certificate (two weeks, such as F, light chlorates, etc.), and written estimate ( approximately three million won);

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. Articles 53 and 55 of the Criminal Act for discretionary mitigation.