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(영문) 대구지방법원 김천지원 2013.09.11 2013고단763
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2013, the Defendant: (a) driven the BKanche Corpon vehicle by business operation around 07:40, and proceeded straight ahead of the BKansi-dong, in accordance with the first two-lane road in front of the Han-dong Civil Athletic Zone, in order to turn to the left at the front side of the same lane due to occupational negligence, the Defendant was driven by the victim C (hereinafter, 29 years old) who was under a stop in order to turn to the left at the front side of the same lane.

As a result, the Defendant suffered injury to the victim, such as brain dust, which requires treatment for about three weeks, due to such occupational negligence, and, at the same time, escaped without immediately stopping the car and taking necessary measures, such as providing relief to the victim, even though it damages the car equivalent to KRW 2,625,481.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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) 3 of the Criminal Act for discretionary mitigation;

1. The crime liability is not exceptionally imposed, such as the occurrence of traffic accidents and the occurrence of the force of punishment of a fine of one million won for the crime of violating the Road Traffic Act on May 2, 2012. However, there is no significant degree of injury of the victim, the agreement with the victim that the victim does not want the punishment of the defendant, the victim does not want to have the punishment of the defendant, and there is no history of punishment above the suspension of execution.

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