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(영문) 전주지방법원 군산지원 2014.08.07 2014고단462

특정범죄가중처벌등에관한법률위반(도주차량)

Text

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

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 driver of Category B New EF Launa car.

On May 3, 2014, the Defendant driven the said car at a speed of about 70km per hour according to the two-lanes from the west bank to the 23-lane 114-10 of the letter, which is located in the eastdo-ri Do-ri 114-10 in the following mountain city.

At the time of the defendant's proceeding, the victim C(54 years old) driver's Da New Flazed car is running, so in such a case, the driver of the vehicle has a duty of care to maintain the safety distance with the vehicle in front and drive the vehicle safely while driving the vehicle at an appropriate speed.

Nevertheless, the Defendant neglected to do so and proceeded as it was due to negligence, and the lower part of the said D new EF car was shocked.

As a result, the Defendant committed the above occupational negligence to the victim C, approximately 6 / 7 p.m., which requires approximately 12 weeks of medical treatment, and escaped without immediately stopping and taking measures such as providing relief to the victims, while the Defendant suffered injury, such as the 5 u.m. c., at around 5 weeks of medical treatment, from the victim E (n.e., female, 53 years of age) who was on board the said D NewF Motor Vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, and medical certificates;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that there is no other criminal record than the one-time fine, the fact that there is no other criminal record, and the fact that the victims and the victims have agreed to do so smoothly);

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances);