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(영문) 대구지방법원 2013.05.30 2013고단1455
특정범죄가중처벌등에관한법률위반(도주차량)등
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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 CP car.

On January 25, 2013, at around 03:13, the Defendant proceeded at a speed of about 70K km from the direction of the border distance to the four-lane road in front of the motor vehicle in front of the motor vehicle in the Gyeyang-dong, Chungcheongnam-si, Chungcheongnam-do.

In this case, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents in advance by driving the motor vehicle, such as a driver of the motor vehicle, a driver of the motor vehicle, a driver of the motor vehicle, and a driver of the motor vehicle, who is driven by the victim D (23 years old).

Nevertheless, the Defendant neglected to do so and went into operation by negligence and received the left parts of the said vehicle in front of the right side of the said vehicle operated by the Defendant, which was driven by the said victim.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim, such as salt ties and tensions that require treatment for about three weeks, while at the same time, even though the repair cost, such as the exchange of libanes, was damaged to the extent of KRW 2,654,406, it did not immediately stop and take necessary measures, such as providing relief to the victim and providing information on his/her personal information.

Summary of Evidence

1. Statement made to D by the police;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to accident scene and vehicle photographs;

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 destruction of property) 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. Article 62(1) of the Criminal Act:

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