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(영문) 춘천지방법원 2014.06.19 2014고단320
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CA car driving.

On February 3, 2014, at around 19:30 on February 3, 2014, the Defendant driven the said ready-light vehicle, and was driven at an insular speed from the intersection to the lower eurculation, which was located in the port of Chuncheon City.

At all times, there is an intersection where signal lights are installed, so in such cases, a person engaged in driving service has a duty of care to drive safely according to the signals.

Nevertheless, the Defendant neglected this and neglected to turn to the left in the opposite direction due to a direct fault in violation of the signal, and received the part of the victim D(TG) E Twit (TG) driving, which was left to the left in accordance with the new code, as the front part of the said AW car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the injured party, such as catum salt, etc. requiring treatment for about two weeks, and at the same time, avoided the car repair cost, thereby damaging the amount of KRW 3,984,550, and escaped from the site without taking necessary measures, such as providing relief to the injured party, while immediately stopping the car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. On-site photographs;

1. A medical certificate;

1. Application of the written estimate statutes;

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, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Social Service Order is common sense.

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