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(영문) 대전지방법원 천안지원 2013.05.10 2013고단347

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is a person who is engaged in the duty of driving a spawn vehicle B.

At around 05:50 on January 18, 2013, the Defendant followed three-lane roads in front of the “Parisbrate” located in the Sung-dong, Seo-gu, Western-si, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-do, by a slid speed from the private distance of a new bank to the parallel parallel parallel.

Since there is a center line of yellow solid lines, there was a duty of care to safely operate the vehicle to those engaged in driving service.

Nevertheless, the Defendant neglected this and received the part of the front part of the instant car driving by the Defendant, which was driven by the victim C (the 44 years old) driving from the two dynamics along the two-lane opposite opposite opposite lanes, in the direction of the right part of the instant car driving by the Defendant.

At the same time, the Defendant, by negligence on duty, sustained injuries, such as climatic salt, etc., in need of medical treatment for approximately two weeks, and at the same time, escaped without immediately stopping the said damaged vehicle while destroying 368,316 won to take measures, such as providing rescue to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. The actual condition survey report;

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 of issue after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

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. The reason for sentencing Article 62-2 of the Criminal Act is that the victim's injury is not serious, and the defendant is not serious.