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(영문) 대전지방법원 서산지원 2016.02.04 2015고단872
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of 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 a CM5 car.

On July 12, 2015, the Defendant driven the above car at a speed of 14:35, and proceeded ahead of the E station located in Asan City D at a speed of frist to the new ethm.

Since there is a center line of yellow solid lines, there was a duty of care to prevent accidents in advance by thoroughly driving the vehicle in front and safely driving the vehicle.

Nevertheless, the Defendant neglected this and led the victim F(23) driving G G in the opposite opposite lane when the Defendant neglected it, which was driven by the driver of the victim F(23 Do) who was driven in the opposite lane, found the Defendant’s vehicle in the sudden center line and tried to avoid a collision with the other party, and led the central separation stand in the center where the vehicle was driven on the right.

Ultimately, the Defendant, through the above occupational negligence, sustained from the victim F and the victim H (e.g., 23 years of age) who was on board the said vehicle with approximately three-day medical treatment, and at the same time, went away without taking necessary measures, such as aiding and damaging the said vehicle owned by the victim I so that the 4,588,109 won of the repair cost can be moved to the victim F and the said vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the CCTV CD 1 and 13 on-site photographs to the 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 criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The assertion by the Defendant of Article 62-2 of the Criminal Act regarding community service and lecture attendance order.

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