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(영문) 의정부지방법원 2013.10.18 2013고단2645

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On June 7, 2013, the Defendant driven the said car at around 21:20, while driving the car and driving the road in front of 78-2, Acheon-dong, Guri-si from the Guri-si to Seoul, along the three-lane way from the Guri-si.

At night and its location are where the center line of yellow-ray is installed, there was a duty of care to ensure that drivers are engaged in driving service thoroughly and safely operate the car line.

Nevertheless, the Defendant neglected this and went beyond the median line and was driven by the victim C(57 years of age) who was driven by the opposite lane. The Defendant received the back door and fences on the left-hand side of the Dworketa car, which the Defendant drives.

As a result, the Defendant suffered injury to a victim due to the above occupational negligence for about three weeks, and at the same time, the repair cost of KRW 3,720,802, such as replacement and maintenance of the left-hand even back door, was destroyed to the extent that the above rocketing car was destroyed, and escaped without taking necessary measures, such as stopping and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of E and F preparation;

1. The actual survey report on traffic accidents;

1. Accident vehicles and on-site photographs;

1. Investigation report (Attachment of a medical certificate to the victim C);

1. Application of the Acts and subordinate statutes to a investigation report (a written estimate for repair of C vehicles for victims);

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. A suspended sentence is against Article 62(1) of the Criminal Act, and has been sentenced to more than three minor fines in the past;