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(영문) 춘천지방법원 2016.08.23 2016고단517

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of 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 CV Scoo vehicle.

On May 8, 2016, the Defendant, at around 00:10 around 00,00, operated the “E Tourism Age Club” on the two-lane two-lanes, one of the two-lanes.

At the time, the Defendant, as seen above, went behind the direction of proceeding and opposite thereto on the road, had a duty of care to indicate the rear signal in advance and to check and keep the right and the right and the right well.

Nevertheless, the Defendant neglected to do so and neglected to stop on the rear side of the said four vehicles, and received the front part of the G-si owned by the victim F(60 tax). The Defendant was followed by the said N-si’s front part of the said G-si.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence, and, at the same time, escaped without immediately stopping the said taxi while destroying approximately KRW 857,514 to repair the said taxi, and without taking measures, such as aiding the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. A survey report on actual condition and photographs on the scene of accidents;

1. A written reply to inquiries by the head of the H hospital;

1. A medical certificate;

1. Application of written estimates for automobile inspection and maintenance;

1. Article 5-3 subparag. 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 the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The defendant and the defendant of Article 62-2 of the Criminal Act to provide community service and attend lectures;