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(영문) 대전지방법원 2014.09.12 2014고단2058
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 00:05 on May 16, 2014, the Defendant: (a) driven a CranxG car and proceeded to the lower distance from Daejeon High School along the two-lane two-lane road in front of the “Ecafeteria” in Daejeon Middle-gu, Daejeon High School; (b) the place was the vicinity of an intersection where signal, etc. was installed, and the previous vehicle stopped by taking into account the signals, front sidess, and the lefts and rights of the signal, and the direction of the signal, the Defendant was obliged to avoid the accident in a way of accurately operating the steering and brake system by avoiding the signal, and at the same time, the Defendant was negligent in performing the duty of care to prevent the accident from occurring due to the fault of the victim F (53 years old); (c) at the same time, the Defendant was 5-day off the back part of the passenger vehicle, which was the front part of the Defendant’s vehicle, and then the victim was able to receive necessary treatment for the victim, such as the victim’s vehicle from the front part of the passenger vehicle, and 2.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A H statement;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-2 (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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommendations].

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