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(영문) 춘천지방법원 원주지원 2014.11.05 2014고단853

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C observer car.

On July 6, 2014, at around 20:25, the Defendant driven the said car, leading from the parallel of way to the parallel of way from the parallel of way in the port of driving at the Won-si.

At that time, the Defendant was drinking, and at the time, the victim D (the age of 58) was stopped due to the signal atmosphere while driving the Epir vehicle at the front of that time, and thus, the Defendant had a duty of care to safely stop after reducing the speed and checking well the right and the right of the driver.

Nevertheless, as the Defendant neglected to drive the car as it was due to the negligence of driving the vehicle at the front time, the Defendant did not stop the vehicle at the right time by discovering the vehicle at the right time, and the Defendant did not stop the vehicle at the front time of the vehicle operated by the Defendant.

Ultimately, the Defendant, by such occupational negligence as above, sustained injury to salt, tensions, etc. by the victim for about two weeks of medical treatment, and at the same time escaped without taking necessary measures, such as immediately stopping the victim, even though the Defendant destroyed the victim’s vehicle to move up approximately KRW 2,652,252, such as the exchange of lurbanes, thereby making it difficult to rescue the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to the actual survey report;

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, and 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;

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. Sentencing is the case where the sentencing of Article 62-2 of the Criminal Act is concurrent crimes on the grounds of sentencing.