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(영문) 대전지방법원 2013.11.25 2013고단3933
특정범죄가중처벌등에관한법률위반(도주차량)
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 of a C Poter cargo vehicle.

At around 16:00 on September 14, 2013, the Defendant, along the three-lane distance from the pent-dong to the side of the side of the side of the side of the driver’s road in front of the coefficient pharmacy in the Jung-gu, Daejeon, Daejeon.

In such cases, the driver has the duty of care to prevent accidents in advance by changing the vehicle line to four lanes prior to the right-handing, checking the right-hand side and the right-hand side, and bypassing the course.

Nevertheless, the Defendant neglected this and neglected to take part in the right side of the Defendant’s driving vehicle and the left part of the Defendant’s driving vehicle, where the victim D (age 47) driving that was proceeding in the same direction according to the four-lanes of the above road, did not have a number plate for driving.

Ultimately, even though the Defendant suffered from an injury, such as the managing unit, the steering unit, etc. in need of the victim’s treatment for about two weeks due to the above occupational negligence, the Defendant escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Medical certificates, etc.;

1. The actual survey report on traffic accidents;

1. Application of statutes, such as photographs on damage;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the error of self-defense is seriously reflected, that there is no criminal record, that the vehicle is covered by the comprehensive motor vehicle insurance, that the vehicle is covered by the comprehensive motor vehicle insurance, and that the elderly must be supported with poor health);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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