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(영문) 대전지방법원 서산지원 2015.08.12 2015고단531
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 rocketing car.

On June 11, 2015, the Defendant driven the said car at a speed of about 50km per hour from the west on the two-lane road near Cheongcheon-si, Seocheon-si, Seosan-si, Seosan-si.

Since there are places where the center line of yellow-ray is installed, a driver has a duty of care to ensure that a driver is able to thoroughly operate the entire city and to safely operate the vehicle.

Nevertheless, the upper part of the FK3 Car driven by the victim E (the age of 26), which was driven by the driver due to the negligence of driving a stroke while driving a stroke while neglecting this, was the front part of the upper part of the FK3 Car above the right side of the FK3 Car.

Ultimately, the Defendant, by occupational negligence, sustained an injury to the climatic salt, etc. that requires treatment for about two weeks, and, at the same time, escaped without taking necessary measures as a driver, such as destroying the said K3 car owned by the victim to the extent that the amount equivalent to KRW 1,788,378 is equivalent to the repair cost, and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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. Reasons for sentencing of Article 62-2 of the Criminal Act for community service and lecture attendance order [the scope of recommending sentence], the area of mitigation (6 months to October) after traffic accident is mitigated.

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