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(영문) 의정부지방법원 고양지원 2013.11.07 2013고단1172
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 5, 2013, around 08:05, the Defendant driven a BSM3 car, leading the road in front of the “ABPA” located in the PPP 138 Sinyang-gu, Seoyang-gu, Sinyang-si, Sinyang-si, to the front of the 14 complex apartment complex in the West Village 14.

Since it is a road that passes over delivery, a person engaged in driving duty has a duty of care to live well whether pedestrians, etc. pass well and to drive safely.

Nevertheless, the Defendant, who neglected the above duty of care, escaped without taking any measure by leaving the victim C (n, 30 years of age) who passed a bicycle on the left side of the Defendant’s running direction due to his occupational negligence, to the front part of the car in front of the Defendant, and suffered bodily injury, such as the soft so that the victim may take approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of C and D;

1. The actual condition survey report;

1. An accident-related photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act concerning the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant caused the above traffic accident while driving in drinking condition and is punished for drunk driving, and thus, the vehicle is discarded and has a high possibility of criticism. The victim's injury caused by the above traffic accident is not easy.

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