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(영문) 춘천지방법원 원주지원 2015.06.02 2015고단322
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 Bchip car.

At around 04:45 on January 3, 2015, the Defendant got to proceed from the direction of the Gu environmental office building to the short-speed from the Gu environmental office.

At the time, the location is night, and the location is an intersection where red flag is turned down, so the driver of the vehicle has a duty of care to keep the front door and the left and right well after temporarily suspending the vehicle, and to proceed with the other traffic or safety.

Nevertheless, the Defendant neglected this and went to the port from the right side of the course due to the negligence of the Defendant, who is driving by the victim C (I, 49 years old) to the port, received the part of the left top part of the motor vehicle in front of the right side of the franchise.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence for about two weeks of medical treatment, and at the same time, the Defendant, such as the exchange of the front driver, destroyed the said high-priced vehicle so that the repair cost, such as the exchange of the front driver, would be KRW 12,084,759, and escaped without taking necessary measures, such as stopping the vehicle and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s traffic accident statement;

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

1. A medical certificate;

1. Written estimate;

1. Application of on-site photographs, Ma1-Attachment Stacks video materials, and black stuffs video CDs Acts and subordinate 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 (the point of failing to take measures after an accident);

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 imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation and order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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