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(영문) 청주지방법원 제천지원 2016.11.03 2016고단321

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 BM7 car.

On May 28, 2016, the Defendant driven the above car at around 01:20, and led 420 Mosan intersections to the boundary of the front intersections from the front section of the road to the front intersection.

At that time, there was a signal apparatus installed at the intersection, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signal apparatus's instruction and prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the left-hand part of the front part of the victim C(Y, 58 years old) driving, which is left-hand from the front part of the above SM7 car, from the front part of the above SM7 car, to the left-hand part of the victim C(SM7 years old) driving, which is going to turn to the left-hand at the intersection of the signal apparatus from the front side of the Cheongwon intersection.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim, such as salt, tension, etc., which requires approximately two weeks of medical treatment, and at the same time, destroyed the said rocketing car to have an amount equivalent to KRW 608,970 as repair cost, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

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

1. Each written diagnosis;

1. Written estimate (43 pages of investigation records);

1. Application of statutes, such as an accident site photograph, accident vehicle photograph, etc.;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

1. Punishment provided for in Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.