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(영문) 춘천지방법원 영월지원 2015.12.18 2015고단410
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereafter referred to as "Aggravated Punishment, etc.") and the Road Traffic Act (hereafter referred to as "Aggravated Punishment, etc.") are those engaged in driving cars B.

On August 23, 2015, the Defendant, while driving the said car on August 22:3, 2015, and driving the 2nd line road in front of the Djun Station C, which is in front of the Djun Station C, to the Djun Station at the speed of about 70 km from the place of business of the Djun Station, was negligent in driving the fK 3rd vehicle of the victim E (n, 49 years old) driven at the front section of the Defendant’s vehicle without taking necessary measures, such as immediately stopping and rescue, even though the Defendant’s vehicle shocked with the front part of the 49 years old vehicle.

As a result, the Defendant suffered injury to the victim, such as climatic salt, for about three weeks of medical treatment by occupational negligence as above, and at the same time escaped even though 4,652,120 won of the victim’s vehicle was damaged to the extent of repair cost.

2. The Defendant violated the Road Traffic Act (driving) driving the said car under the influence of alcohol with a blood alcohol concentration of 0.15% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, on-site photographs, reports on the management of a driver, reports on the management of a driver, reports on statements of a driver, and medical certificates;

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, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (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 each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution is three times the previous convictions of fines of the same kind under Article 62 (1) of the Criminal Act, and the crimes are not good;

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