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(영문) 의정부지방법원 2014.04.29 2014고단544
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 31, 2014, the Defendant is a person who is engaged in driving Crocketing and other automobiles, and operated the rocketing and other automobiles at around 09:40 on January 31, 2014 in order to drive the roads in front of the opposite movable property located in the luminous area of the two weeks in the direction of the filial wave reservoir in the direction of the filial wave.

Since the location was narrow down in the road width, there was a duty of care to live well in the front and safely drive the vehicle on the part of the driver.

However, due to the negligence of neglecting the above duty of care, the Defendant was found to have been driving the victim D(28 years of age) driven by the victim D(28 years of age) who was stopped at the front of the Defendant’s car.

The Defendant, by such occupational negligence, sustained injury to the victim D in need of approximately two weeks of medical treatment, suffered from the victim F (the 60-year-old) who is the passenger of the victimized vehicle with light dume, etc. in need of medical treatment for about two weeks, and, at the same time, went away without taking necessary measures, such as immediately stopping the vehicle to the extent that the repair cost, such as the exchange of the damaged vehicle, is damaged to the extent that the 527,050 won is damaged to the point of time, and the victims were saved without taking necessary measures, such as providing relief.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each written diagnosis (D, F, and quotation);

1. Application of the report on traffic accidents (1) the actual condition survey report, on-site photographs-related Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;

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

1. Selection of imprisonment with prison labor chosen;

1. The details of the occurrence of the instant accident, the degree of negligence of the defendant, the degree of injury and damage to the victims, the degree of damage to the damaged vehicle, the comprehensive automobile insurance policy under Articles 53 and 55(1)3 of the Criminal Act.

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