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(영문) 의정부지방법원 고양지원 2016.08.26 2016고단1576
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant driven a passenger car in Bland Brober Dricker as its duty, and driven the road of 562 lanes in the future of the Priju City along the 9-lane in front of the 562-lane, along the 3-lane from the direction of the Drido Center.

At the time, the Defendant, prior to the same direction, followed the victim C(43) car driven by the victim C(S). In such a case, the Defendant had a duty of care to take care of the safety distance available to avoid when the vehicle stops, and to secure a safe distance available to avoid when the vehicle stops.

Nevertheless, the Defendant neglected to do so and went through as it is, and the Defendant received the rear panion of the signal car in front of the car driving by the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and, at the same time, escaped without taking necessary measures, such as aiding and damaging the car rental car so that 2,292,460 won, such as the exchange of flags, can move, and thus, saving the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A copy of the actual survey report of traffic accidents and the log of emergency medical services activities;

1. A written diagnosis (C) and written estimate;

1. Application of statutes on field 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 (the point of non-measures after the injury from duty) 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 on the suspended execution;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act did not repeat again with the appearance that the defendant reflects his depth.

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