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(영문) 대전지방법원 2013.04.03 2013고단422
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-to-car.

On December 22, 2012, the Defendant driving the said car at around 06:05, and driving the said car along the two-lanes of the transition road located in the Dong-gu Daejeon Metropolitan City, Daejeon, along the direction of the new Jin-jin from the direction of the original village.

In this case, a driver of a motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right of the driver of a motor vehicle and to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant received the back portion of the D-A-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as “dykes and tensions of the bones of wood,” which requires medical treatment for about two weeks, and at the same time, destroyed the said A-to-purd vehicle so as to have an amount equivalent to KRW 910,796, and escaped without stopping it, and without taking necessary measures after the accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

1. Application of medical certificates, estimates, photographs, and statutes;

1. Article applicable to criminal facts;

(a) The point of escape after occupational injury: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Point of a measure not taken after an accident: Articles 148 and 54(1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, of which punishment is gravely imposed);

1. Selection of imprisonment with prison labor chosen;

1. The circumstances to be considered below under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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