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(영문) 대전지방법원 천안지원 2015.04.09 2014고단1336
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than eight 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 CNF rocketing car.

On April 7, 2014, the Defendant driven the said car on April 23:20, and turned ahead of the Eart, which is located in Western-gu D, Seoan-gu, Seoan-gu, Seoan-gu, to the extreme apartment from the long distance of the new bank.

In this case, a driver of a motor vehicle has a duty of care to properly look at the front, rear, left, and left and right of the motor vehicle, and to accurately check whether there are other motor vehicles with pedestrians and prevent accidents in advance.

Nevertheless, when the defendant neglected to do so and did not discover the victim F (54 years old) who was in the right after the driver's car of the defendant in the last place, the defendant did not find the victim F (54 years old) and received the victim's left knee part with the back part of the passenger's car.

Ultimately, even though the Defendant suffered from an injury, such as saved salt, etc., for about two weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Entry and video of the actual condition survey report and the traffic accident report;

1. Application of each of the Acts and subordinate statutes described in the inquiry, reply, and diagnosis report;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for conviction under Article 62(1) of the Criminal Act (recognating favorable circumstances among the reasons for sentencing below) and the defense counsel are deemed to have not reached the degree of injury on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes or having not reached the degree of need for relief measures.

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