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(영문) 청주지방법원 2016.07.15 2016고단73
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of 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 small-scale car B.

On January 8, 2016, the Defendant driven the above car at around 01:40, and had the surrounding road run along the intersection of the principle of the Cheongju-gu, the petition-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Sin-gu, the front section, along the two-lanes of the road.

At the time, since it is at night, there was a duty of care to prevent accidents, such as the driver of the motor vehicle thoroughly, the driver of the motor vehicle, and the driver of the motor vehicle by observing the vehicle line.

Nevertheless, the Defendant neglected to drive a stroke while driving the stroke, and neglected to do so, received the part on the side of the driving seat of the d 4.5 tons of the d 4.5 tons of the 52 driver’s car, which was in the course of driving the stroke, from the right side of the vehicle of the Defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the injured party, such as light dump, which requires treatment for about two weeks, and at the same time, escaped without taking measures, such as immediately stopping and aiding the injured party, even though the said cargo was damaged to bring about KRW 1,961,146.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report, a survey report on actual condition, accident scene, and photographs of related vehicles;

1. The application of the Acts and subordinate statutes of the Medical Certificate, Written estimate, tea submission, ledger of driver's license, and automobile insurance coverage certification agency;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, 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 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, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act, and the mitigation area (from June to October) is mitigated after traffic accidents.

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