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(영문) 춘천지방법원 영월지원 2014.12.12 2014고단418
특정범죄가중처벌등에관한법률위반(도주차량)
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 C-3 car.

On August 13, 2014, at around 03:07, the Defendant proceeded at a speed of about 50 to 60 km at a speed of about 50 to 60 km along the speed of a fire brigade of 13 Tong/Ri-ri at the 13rd Tong/Ri-ri at the yellow dong.

At the time, it is night and its location is where the center line of yellow solid lines is installed, so there was a duty of care to take care of a person engaged in driving of a motor vehicle with a view to preventing an accident by driving the motor vehicle with the vehicle line and driving the motor vehicle with the vehicle line.

Nevertheless, the Defendant was under the influence of alcohol, despite low vision, and was negligent in driving the center line along the opposite vehicle with the opposite vehicle without wearing a light string, and led to the failure of the victim D(68 years of age) who was walking along the opposite vehicle at the edge of the opposite vehicle.

Ultimately, the Defendant, due to the above occupational negligence, committed suicide without immediately stopping the victim and taking necessary measures, such as aiding the victim, even though he/she suffered injury, such as satisfying satisfying, in two or more open situations where the victim needs to be treated for approximately eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing guidelines [Scope of recommending punishment] : Escape after a traffic accident, type 1, basic area (person under special mitigation between August and January 6) (a person under special mitigation] : Where illegality in the proviso to Article 3 (2) of the Special Education Act is serious;

2.An offence of the same kind in the decision of sentence; or

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