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(영문) 대전지방법원 홍성지원 2014.11.04 2014고단522

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten 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 person who is engaged in driving of a C Poter cargo vehicle.

On July 26, 2014, at around 21:25, the Defendant driven the cargo vehicle of the above Poter and driven a road of about 30 km in speed from the Chuncheon bank to the front side of the Chuncheon bank and also from the front side of the elementary school at a speed of about 30 km.

At the time, the driver was at night, and the victim D(the age of 67) was driving in the same direction, and thus, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle so as not to cause any traffic accident, such as thoroughly and maintaining the safety distance.

Nevertheless, the defendant neglected this and did not properly proceed with the front of the cargo vehicle when the defendant was negligent, and the victim proceeded ahead of the last direction of the marina course when he was in progress without being able to do so, and the rear part of the horse transport operator operated in front of the horse was shocked.

Ultimately, the Defendant suffered injury to the left-hand side-hand side-hand side-hand side-hand side-hand side-hand side-hand side-hand side-hand side-hand side-hand side-hand side-hand side-hand side-hand side-hand side-hand side-hand side-hand side, and escaped without taking measures such as providing relief to the victim, even though it damages the 97

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of the E, F, G, and D;

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

1. A medical certificate (fore, 86 pages of investigation records);

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 (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of penalty;