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(영문) 의정부지방법원 2013.11.27 2013고단3600
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 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 BP car.

On September 26, 2013, the Defendant operated the said car at a speed of about 60 km per hour from the fluence of 118-9 square meters to the fluence of the city in order to ensure that the two-lane roads in front of the Jinsan-Eup's Jin-Eup's Jin-si Management 118-9.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to ensure that drivers are engaged in driving service thoroughly and safely operate the car line.

Nevertheless, the defendant is negligent in driving his school while driving the school.

On the other hand, the part of the victim C (the 44-year-old driver) driver's dmer truck truck driver's dmer truck driver's dmer truck driver's dmer truck driver's dmer truck's dmer truck driver's dmer part before the left side of the driver's car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc., in need of two weeks of treatment. At the same time, the Defendant destroyed the above cargo vehicle so that the repair cost, such as replacement of lifts, etc., can be 50,000,000 won, and escaped without taking necessary measures, such as aiding the victim by immediately stopping the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A photograph related to the accident and a site photograph;

1. A medical certificate (C);

1. Remaining photographs of the vehicle that is located far from the scene of the accident;

1. Written estimate;

1. Application of Acts and subordinate statutes to investigation reports;

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, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

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