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(영문) 대전지방법원 2014.07.04 2014고단1084

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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 operation of Csch Rexton car.

On March 4, 2014, the Defendant driven the said car at around 19:10, and driven the said car at the Sejong City, thereby driving the two-lane road in front of the lake Park shop, which is located in 300 in Sejong City, along the direction of the petition ICT at the Sejong City Office.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance, such as making the front door and left door well and the left door and the safe driving of the steering gear by accurately manipulating the steering gear.

Nevertheless, the defendant's negligence of driving while neglecting this, is proceeding before mathing.

The back part of the EM7 car of the victim D(70 years old) driving in order to set speed limit was received as the front part of the EM7 car.

At the same time, the Defendant, by its occupational negligence, sustained injury to the victim F (V, 64 years old), such as salt, tensions, etc. in need of medical treatment for about three weeks, and, at the same time, escaped without immediately stopping the damaged vehicle so that the damaged vehicle can be damaged by the amount equivalent to KRW 4,862,456, and thus, did not take measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. Inquiry into the enemy;

1. Application of each written diagnosis and written estimate under Acts and subordinate 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 (the point of escape after causing occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of failure to take measures after causing occupational injury);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of penalty: Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., self-denunciation, subscription to comprehensive insurance, the absence of any particular criminal record, the degree of intent of the victim for punishment);