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(영문) 전주지방법원 2017.02.07 2016고단1173
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 who is engaged in driving of Eranchising motor vehicles.

On June 20, 2016, the Defendant driven the said car at around 18:07, while driving the said car in order to stop the accident in advance by accurately manipulatinging the steering direction and brakes to prevent the accident in advance, on the ground that: (a) the victim H (V) driver I was standing the car temporarily in front of the G gas charging station in the front city F in the front city of the front city in the speed of the three-lane, and (b) the driver was under the duty of care to prevent the accident in advance by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected to drive a scam while driving the scam, caused the scambling of the vehicle behind the scamba in front of the scamba and the vehicle behind the scamba in front of the scamba, left the scamba, caused the scamba, etc. requiring approximately two-day treatment at the scamba and the scamba in front of the scama, and escaped without taking necessary measures, such as aiding the scama to the scamba and repair cost of KRW 606,780 for the 606,780 repair cost.

Summary of Evidence

1. Each legal statement of the witness H and J;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to H and J;

1. A traffic accident report;

1. Each investigation report (related to damage caused by this case and hearing statements on the details of preparation of the counterpart agreement to the victim H);

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

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 traffic accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for mitigation of amount;

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