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(영문) 춘천지방법원 원주지원 2015.02.05 2014고단1187
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt-Wurd Motor Vehicle.

On November 18, 2014, the Defendant driven the said car on the 23:18th day of November, 2014, while proceeding from the border distance along the original city along the intersection to the original city MFC, and changed the lane from one lane to two lanes at an insular speed.

A driver of a motor vehicle has a duty of care to safely drive the motor vehicle after checking whether the motor vehicle has a motor vehicle by checking the front side and the left side when changing the motor vehicle.

Nevertheless, the Defendant neglected to do so, and thereby, was driven by the victim D (year 55) who was stopped for traffic in the front side of the car of the Defendant at the passenger car zone by negligence, and was driven by the Defendant, to the right side of the E-si, which was driven by the victim D (year 55).

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as acute fluoral salt, which requires treatment for about two weeks, and at the same time, escaped without taking measures to rescue the victim, prevent danger on the road, and ensure smooth traffic flow, even though the above taxi owned by the victim was damaged to bring about danger on the road by damaging the 321,300 won of repairing expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

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

1. Selection of imprisonment with prison labor chosen of the kind of punishment ( Taking into account the previous conviction of the same kind);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectiveness, failure to punish, subscription to comprehensive motor vehicle insurance);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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