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(영문) 춘천지방법원 원주지원 2015.02.05 2014고단1061
특정범죄가중처벌등에관한법률위반(도주차량)등
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 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 vehicle with C tong-baf.

On September 24, 2014, the Defendant driven the said car on September 24, 2014, while driving it at a speed of 01:55, led to the driving distance in front of the agricultural cooperative, which is in the speed of the original city at the original city at the speed of the parallel.

Since the place is a private-distance intersection where traffic is not controlled, the driver of the motor vehicle had a duty of care to prevent the accident by driving the motor vehicle while living well on the front side and the left side.

Nevertheless, the Defendant neglected to do so and did not discover the rocketing car driven by the victim D(37 years of age) who was driven by the victim D(37 years of age) on the left-hand side of the Defendant's running direction, and received the part of the front part of the said rocketing car as the front part of the Defendant's passenger car.

Ultimately, the Defendant, by occupational negligence as seen above, sustained injury to the victim F.F. (32) who was on board the said D and the said rocketing car, for each of three weeks of medical treatment, and at the same time, avoided damage to the said D having caused danger to the road by destroying the said D rocketing car to an amount equivalent to KRW 685,870 in repairing cost, but escaped without taking measures to rescue victims, prevent danger on the road, and facilitate traffic flow.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of failing to take measures after an accident);

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

1. Selection of imprisonment with prison labor for the type of punishment [the fact that there are previous criminal records related to traffic, and the victims want to punish the defendant (Evidence No. 10, No. 10;

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