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(영문) 춘천지방법원 원주지원 2016.02.17 2015고단1167
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 a period of two years 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 sports cargo vehicle.

On November 23, 2015, the Defendant driven the above vehicle at a speed of 20:0,000, and led to two lanes from the opposite side of the interest industry to the opposite side of the two-lane road at the entrance of the road for exclusive use of motor vehicles, which is the north-ro 1324, from the beginning of the interest industry, to the north-ro 1324.

Since the place is a two-lane straight line, a driver of a motor vehicle has a duty of care to live well on the front side and the left side, and to operate the steering direction and the brake in a safe manner.

Nevertheless, the Defendant neglected to do so and proceeded before the direction of the Defendant’s vehicle, which was driven by the victim D(32 S) who was under way before the direction of the Defendant’s vehicle, and received the part behind the left-hand of the vehicle of the Defendant’s vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained tensions and tensions with the victim in need of approximately two weeks of medical treatment, and at the same time, escaped without taking measures to rescue the victim and prevent danger on the road and ensure smooth traffic flow, even though the instant rocketing vehicle owned by the victim was damaged to bring about risks on the road by destroying approximately KRW 2,936,635 of repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. A written diagnosis and written estimate;

1. Application of statutes on site photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the injury);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act for orders to provide community service and attend lectures;

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