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(영문) 대전지방법원 천안지원 2016.04.08 2015고단1734
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a siren car.

On September 14, 2015, the Defendant driven the said car at around 22:50, and led the front of the “D Mart” road located in Asan-si, Asan-si to the direction of the bad distance from the direction of the wind.

At that time, there is a centralized separation, and in such cases, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident in advance by safely driving the vehicle, such as driving the vehicle to the right side of the center.

Nevertheless, the Defendant neglected this and avoided the front portion of the Franchisa car of the victim E (54) driving, which was driving the said road due to the negligence of driving the said road normally, and escaped without taking necessary measures such as providing relief to the injured party by immediately stopping the said small or medium-sized car for about 2 weeks. At the same time, the Defendant got the injured party G (21) who was driving the said small or medium-sized car to take care of about 2 weeks of medical treatment for the said small or medium-sized car, and not taking necessary measures such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1.Written statements of the occurrence of each traffic accident in E and G;

1. Each written diagnosis and written estimate for inspection and maintenance of motor vehicles;

1. Application of Acts and subordinate statutes to a traffic accident investigation report, traffic accident occurrence report, brief map at the scene of the accident, and photographs;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Punishment of Specific Crimes for which the relevant provision of the Act on the Punishment, etc. of Specific Crimes and the Selection of Punishment, etc. for the Selection of Punishment, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after traffic accidents), and the choice of imprisonment

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act 1.

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