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(영문) 대구지방법원 서부지원 2014.05.23 2014고단308

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 driving a B car.

On February 28, 2014, the Defendant driven a car with the upper knife around 21:10, and led to a 17-lane road in front of the Osung Packaging Industry, Seo-gu, Seo-gu, to the shot (Seoul) and the 1-lane road in front of the Osung Packaging Industry.

At the time, there is a night and a place where a center line is installed, so in such a case, there was a duty of care to observe the center line, to properly look at the right and the right, and to prevent the occurrence of an accident by accurately manipulating the steering system.

Nevertheless, the Defendant neglected this and received the front portion of the victim C(34 years old) driver's Dwork of the victim C(34 years old) who was in the opposite opposite lane due to the negligence going beyond the center line, in front of the left side of the Defendant's vehicle.

As a result, the Defendant, by the above occupational negligence, sustained a sudden dysium in need of treatment for about one week, and at the same time escaped without immediately stopping a motor vehicle accident that damages KRW 1,500,548 in total of repair costs, and without taking necessary measures, such as checking damage damage caused by stopping, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Application of the Act and subordinate statutes of one medical certificate and one written estimate;

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;

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. Suspension of execution under Article 62(1) of the Criminal Act (including the absence of any record of severe punishment except fine, confessions and reflects, and smoothly agreed with the victim)