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(영문) 대전지방법원 2013.09.16 2013고단1467
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 19, 2013, the Defendant driving a car in the B Sspath area around 23:45 on March 19, 2013, and proceeding the waterside distance from the waterside of the Seo-gu Daejeon Seo-gu, Daejeon at a speed of about 40-50 kilometers per hour among four laness in the waterside of the river, the waterside 4 degrees from the waterside area of the Seo-gu, Seo-gu, Daejeon. The Defendant had a duty of care to proceed in accordance with the said signals because it is an intersection where a signal, etc. is installed.

Nevertheless, the Defendant violated the signal and received the front portion of the Dgggal-ro vehicle driven by the victim C (the age of 28) who was under direct control pursuant to the new code on the right side of the running direction of the Mgal-ro vehicle on the right side of the Defendant’s car in front of the Defendant’s car.

Due to the above occupational negligence, the Defendant suffered injury to the victim C, such as saved saves requiring medical treatment for about three weeks, while at the same time, the repair cost of KRW 5,917,655 was destroyed by the aforementioned galgropos, but failed to immediately stop the vehicle and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes on accident-related photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 268 and 54 (1) of the Criminal Act concerning the crime (the point of escape after occupational injury) of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. against which punishment is heavier than that of each crime committed on the market);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. A traffic accident in violation of Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) provides the reason for sentencing.

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