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(영문) 대전지방법원 논산지원 2014.05.20 2014고단82
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On December 25, 2013, at around 04:50 on December 25, 2013, the Defendant driven a B-learning passenger car and continued to go from the 2nd line of C-O.M., the second line of C-O.M., which is located in C-O.M., to the Daejeon-O.M., according to the second line of C-O.

At night, and at that time, the signal was an intersection that does not operate, so the driver was obliged to pay a duty of care to reduce the speed and to drive safely by taking into account the right and the right and the right and the right, but the defendant was negligent in neglecting that duty and thereby, he received the left part of the victim C(53 years old)'s left part of the DSS5's left part of the driver's car that the defendant drives on the left side of the driver's fright-of-take-distance left part of the victim C(53 years old) which was driven by the defendant.

As a result, the Defendant suffered injury to salt, tension, etc. by the victim, which requires treatment for about two weeks, and at the same time, destroyed the damaged vehicle to cover repair costs of approximately KRW 1,68,777, and escaped without taking necessary measures, such as aiding the victim by stopping the vehicle immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. Report on a traffic accident, report on the scene of the accident, explanation of the scene of the accident, articles left behind the scene of the accident, written diagnosis (C), written estimate of general repair expenses, written explanation of the damaged part of the vehicle, written explanation of the photograph of the vehicle against which the accident has been accepted after the accident, and the application of Acts and subordinate statutes related

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 criminal facts (the point of escape after the death of a traffic accident)

1. Punishment provided for in Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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