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(영문) 대전지방법원 2016.03.18 2016고단99
특정범죄가중처벌등에관한법률위반(도주차량)등
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 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 a Brane XG car.

On September 21, 2015, the Defendant driven the above car on September 21, 2015, and proceeded bypassing it from the four-lane distance to the four-lane distance from the four-lane side of the 11-lane north of the Seo-gu Daejeon, Seo-gu, Daejeon.

Since there is a road where vehicle traffic is frequent, there was a duty of care to prevent accidents by making it possible for a person engaged in the driving of a motor vehicle to live well on the front side and the left side, and by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant left a car at the front of the running direction due to negligence while neglecting this, and again proceeded with the victim C(W, 57 years old) driving, and received the rear part of the victim C(W) driving DM car as the front part of the Defendant’s driving.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the said victim C, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and at the same time, destroyed the said marina car with approximately KRW 3,808,770 at the repair cost, such as exchange of the back panion of the said marina car owned by the victim E, but did not immediately stop the said car and escape without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of each Act and subordinate statute stated in a written diagnosis and written estimate;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier) of the ordinary concurrent crimes;

1. Selection of imprisonment with prison labor chosen;

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

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