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(영문) 대전지방법원 서산지원 2015.06.24 2014고단1092
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 vehicle of C1 ton.

On October 28, 2014, at around 11:10, the Defendant continued to run approximately 70 km from the amarithm to the e-cafeteria in the direction of the amarithm.

In such cases, there was a duty of care to prevent accidents in advance by accurately operating the steering direction and brake system with the person engaged in the driving of motor vehicles.

Nevertheless, the Defendant neglected this and got the center separation and intersections established on the left side by the victim F (years 56) who was driven by the victim F (years 56) who was driven by the victim F (years 56) in a one-lane course due to the negligence of changing the course of the vehicle in the first way.

As a result, the Defendant suffered knee knee knee knee, etc. which requires medical treatment for about three weeks by occupational negligence above, and at the same time, the Defendant escaped without taking necessary measures, such as aiding and abetting the victim, even though the said vehicle damaged the repair cost of KRW 11,009,997.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual survey report and the occurrence of traffic accidents;

1. Written estimate and written diagnosis;

1. Application of the Acts and subordinate statutes on site photographs, on-site photographs, and shocking of the vehicles;

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 not taking 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. The reason for sentencing under Article 62(1) of the Criminal Act (the scope of recommending punishment) shall be the reason for the suspended sentence.

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