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(영문) 춘천지방법원 원주지원 2013.04.09 2013고단59
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of BM5 vehicles.

On December 5, 2012, the Defendant driven the above car at around 06:15 on December 5, 2012, and proceeded with the private distance near the stadium at the time of the prime city to the private distance of the medical center from the view of the private distance.

In this case, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the left-hand side of the DNA car driven by the victim C (hereinafter referred to as 43 years old) in accordance with the Marina, which was driven by the Defendant’s negligence in violation of the signal, and went to the left-hand side of the passenger car.

Ultimately, the Defendant suffered injury to the victim, such as the bones of bones, which requires treatment for about five weeks due to such occupational negligence, and at the same time, did not immediately stop the vehicle and take measures, such as providing relief to the victim, even though it was damaged to the extent that the vehicle was scrapped.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as a medical certificate and an investigation report (Evidence List No. 16);

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 the kind of punishment as alternative imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration, reflectiveness, agreement, purchase of comprehensive automobile insurance, etc.);

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

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