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(영문) 광주지방법원 장흥지원 2015.02.05 2014고단169
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

Around 10:00 on August 21, 2014, the Defendant driven an above cargo vehicle, and proceeded with the Sori-riri-Eup located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do toward the Sinsan-Eup from the direction of the Taesan-Eup.

Since there is a zone in which overtaking is prohibited as a three-distance intersection, there is a duty of care to prevent accidents, such as avoiding the vehicle prior to a person engaged in driving of a motor vehicle, and accurately manipulating the steering and steering gear, etc.

Nevertheless, the Defendant neglected this and got the victim D (the age of 45) who was driving prior to the above cargo to overtake over the Ethtob, which was driven by the victim D (the age of 45). However, the Defendant left the front part of the above Othtob, which was the back of the above cargo vehicle, and had the above Othtob above the floor.

Ultimately, even if the Defendant suffered injury, such as cerebrovasin, etc., to the victim for about two weeks of medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report (1) actual survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

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 under Article 62-2 of the Criminal Code of the Order to Attend a School / [the scope of recommending punishment] The reason for sentencing under Article 62-2 of the Order to Attend a School / [the scope of recommending punishment] the escape, the first type (the escape after injury), the mitigation area (6-10 months) (the special mitigation) (the decision of sentencing] is not sufficient to take any relief measures against the victim after an accident, but the victim

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