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(영문) 대전지방법원 천안지원 2013.07.19 2013고단576

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for up to seven 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 a e-cub vehicle B.

At around 22:00 on March 31, 2013, the defendant was driving the above car with a view to a zero-face-face-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side

At the time, since it is night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle by taking the front door and left door well.

Nevertheless, the Defendant did not discover the victim C (n, 50 years of age) who walked at the right edge of road at the front of mast, due to negligence of driving a vehicle by neglecting this, and went beyond the road due to the front part of the car.

Ultimately, the Defendant, due to the above occupational negligence, stopped the victim and escaped without taking measures, such as aiding the victim, even though the victim suffered from injury to the external depression, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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 (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier 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 defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend a lecture, shall be drinking or unlicensed driving;