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(영문) 춘천지방법원 원주지원 2013.08.20 2013고단429
특정범죄가중처벌등에관한법률위반(도주차량)
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 of a cargo vehicle C even.

On June 14, 2013, from around 23:30 to 23:55 on the same day, the Defendant driven the above vehicle, and proceeded along three-lanes from the nearest park to the viewing of the original citizens, from the nearest park, with the Sejong 6:604 side viewing route in the short-term driving of the original city.

At the time, the victim D(33 years of age) was driving a bicycle on the three-lanes in the front direction, so there was a duty of care to accurately operate the steering gear and brake system and to safely drive the bicycle by adjusting the speed in advance.

Nevertheless, the Defendant neglected this and proceeded with the left-hand frame of the bicycle driven by the victim as a part of the right-hand side of the said cargo vehicle.

Ultimately, even though the Defendant suffered from an injury, such as pressure pressure at the first phase of the 12 weeks of the 12 weeks of treatment due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, the police statement to D, and the written diagnosis;

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 (Consideration, reflectiveness, agreement, purchase of comprehensive automobile insurance, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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