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(영문) 의정부지방법원 고양지원 2014.10.31 2014고단1257
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 D-2 cargo vehicle.

Around 13:40 on February 25, 2014, the Defendant was driving the above cargo vehicle, and was stopped at 142, Mangsan-gu, Mangsan-ro and 310 residential complexes in the 310-dong parking lots in the Goyang-si.

At the time, the victim C(the age of 46) was in front of the above cargo driver's seat, so the person engaged in driving service was well able to live in the front, and the victim had a duty of care to start with him in front of the above cargo driver's seat.

Nevertheless, due to the negligence of neglecting this, the victim was placed in front of the above cargo driver's seat, which was the front side of the cargo driver's seat.

Ultimately, even if the Defendant suffered about three weeks from the above occupational negligence, he/she immediately stopped and does not take necessary measures, such as rescuing the victim, even though he/she was in need of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A investigation report (CCTV investigation);

1. A medical certificate;

1. Application of the video CD-related Acts and subordinate statutes

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the degree of injury does not seem to be very serious and considering the fact that the victim and the Si reserve had obstructed the path);

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

1. The sentencing grounds for Article 32(1) and Article 25(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the injured party agreed on the entirety of insurance company and statutory damages) were determined by taking into account the Defendant’s past past force relationship and economic circumstances.

Defendant

Judgment on the Defense Counsel's argument

1. The defendant does not recognize the fact of an accident.

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