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(영문) 춘천지방법원 강릉지원 2013.06.13 2012고단1041
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person who is engaged in driving a CNEW franchise XG car.

On October 12, 2012, the Defendant driven the said car on October 19, 2012, and proceeded at a speed that makes it impossible to identify one lane by driving the said car at a distance of 440-24, which is located in Gangnam-si, Gangwon-do, Gangwon-do, Gangwon-do, and toward the right side of the road, which is located in 440-24.

At night, the previous direction was followed by the EM5 car of D Driving in the same direction, and thus, the Defendant, who is engaged in driving, had a duty of care to secure and proceed with a safe distance that can avoid when vehicles are stopped or speeded.

Nevertheless, the Defendant failed to secure the safety distance with the above SM5 vehicle due to negligence, and received the part behind the left-hand part of the above NA5 vehicle as the front-hand part of the NA5 vehicle.

Ultimately, even though the Defendant, by negligence in the above duties, committed an act of driving a vehicle to the victim F (V, 38 years old), who is the above SM5 dong, without taking measures such as aiding and abetting the victim, immediately stopped, even though he suffered from the injury of both the shouldered bed, and even if he did not take measures such as aiding and abetting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Medical certificate, written request for delivery of documents, inquiry letter, and inquiry letter;

1. The Defendant asserts to the effect that the crime of escape after occupational injury is not established since the victim F cannot be deemed to have suffered bodily injury due to the instant accident.

On October 12, 2012, the victim F had been traveling to Gangnam-do on October 12, 2012. The accident in this case occurred, the F said that he was shot-do on the part of his family members, but he was shot-doing on the part of his neck and shoulder, but she decided that he was receiving medical treatment after completing family travel, and F completed three-day travel.

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