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(영문) 춘천지방법원 원주지원 2017.03.30 2017고단163

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On January 5, 2017, 01:05, the Defendant driven the B-learning car and proceeded at a speed of about 70 km from the surface of the shooting distance of the Jinjin-ro 141 to the front of the Jinjin-ro 141, Namnam-si.

At the same time, the Defendant, who was engaged in driving of a motor vehicle, has a duty of care to properly operate the motor vehicle, to properly observe the direction of the Defendant, and to safely drive the motor vehicle and prevent the accident in advance by driving the motor vehicle in a way that the center line is installed, and the two-lanes of the driver's vehicle's left side of the driver's vehicle of the motor vehicle of this case need to be treated for about three weeks, and the victim C (53 years old) was driving the motor vehicle of this case, and therefore, at the same time, the Defendant was negligent in driving the motor vehicle and operated the motor vehicle with the duty of care to prevent the accident in advance. However, the Defendant was unable to do so, while driving the motor vehicle at the center, and operated the motor vehicle of this case on the left side of the driver's left side of the motor vehicle of this case with the driver's vehicle of this case, and the victim was able to immediately drive the motor vehicle of this case for about two weeks, such as the injury of the two 3rd, 3rd, and the two 2nd directions.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident (C);

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

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photographs of accident scene and on-site investigation photographs;

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 under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of alternative abandonment of punishment;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;