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(영문) 춘천지방법원 2014.08.26 2014고단557
특정범죄가중처벌등에관한법률위반(도주차량)
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 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 Crane car.

On May 6, 2014, the Defendant driven the said car on the 15:15th day of May, 2014, and led to a road of one-lane in front of the Hongcheon-gun Sacheon-gun, which is located in 147, to proceed at a non-speed speed from the direction of the Office of Education from the river to the direction of the Office of Education.

On the other hand, there was an intersection where traffic control is not performed, so there was a duty of care to check whether there was a cross-road vehicle by reducing the speed or temporarily stopping for the person engaged in driving of a motor vehicle, and to drive the motor vehicle.

Nevertheless, the defendant's negligence of neglecting this and led the victim D(52) driving the above intersection from the port to the police station on the side of the terminal by the defendant's driver's negligence, which led the defendant to the left side of the vehicle of the defendant.

The Defendant, by such occupational negligence, immediately stopped the victim D, and escaped without taking measures such as providing relief to the victim, even though he suffered from the victim F (V, 44 years old) who was on board the Karen car with approximately two weeks of medical treatment, etc., for approximately two weeks of medical treatment, the Defendant left the car and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of a prosecutor with D;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. Each photograph;

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

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment of a person subject to punishment and choice of imprisonment with prison labor, which are heavier than that of a victim D);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations including those agreed with victims);

1. Article 62(1) of the Criminal Act (i.e., mitigated of the following reasons for sentencing) 1.

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