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(영문) 의정부지방법원 2014.05.09 2014고단795

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-man car.

On February 16, 2014, the Defendant driven a body-man car on February 16, 2014, and led the road of 95 lanes in the direction of the Manan elementary school in the direction of the Manan elementary school.

At the time of night, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering gear and brakes by properly operating the steering gear.

Nevertheless, the Defendant neglected to do so and went on at the front of the Defendant’s car, thereby putting the victim C(52 years old), who was driving at the front of the Defendant’s car, into the front part of the Defendant’s car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as cryp salt, etc. in need of approximately two weeks of medical treatment, and suffered injury to the victim E (the 24 years old), who is a ro-cab taxi, such as crypumum, cryp salt, etc. in need of medical treatment for about two weeks, and went away without taking necessary measures, such as immediately stopping the ro- taxi to the extent that the repair cost, such as 1,313,878 won, such as the exchange of ro-cab, is damaged to the extent that the 1,313,878 won, such as the exchange

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. An accident-related photograph;

1. Each written diagnosis (C, E);

1. Application of the written estimate 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, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;