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(영문) 대전지방법원 천안지원 2014.05.02 2014고단222
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 driver of a three-dimensional passenger car.

On January 24, 2014, the Defendant driven the above vehicle on January 24, 2014, and was proceeding on a one-lane road in front of the entrance of the Seongbuk-gu Sung-dong parking lot in Yananananan-gu, Seoan-gu, Seoan-gu, Seoan-gu, the Defendant moved to the right bypassing the said vehicle from the ebbbbbbb from the ebbbbb

As above, the driver of a motor vehicle entering the road bypassing the road from the road to the opposite side had a duty of care to prevent the accident by thoroughly checking the traffic condition of the motor vehicle in the front side of the stop before the right-hand.

Nevertheless, the Defendant neglected such duty and took part of the right side part of the victim D(SM3 years old) driving EM3 car driving with three lanes from the bank room to the front part of the above vehicle by the Defendant’s negligence, which led to the right side part of the victim D(SM3 years old) driving from the bank room to the front part of the above vehicle.

As a result, the Defendant got the victim D to suffer bodily injury, such as salt, tension, etc., in need of medical treatment for about two weeks, and, at the same time, did not take measures such as providing relief to the victim even though the damaged vehicle was damaged by approximately KRW 670,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report (1), (2);

1. A medical certificate;

1. Written estimate of the cost of underwriting insurance;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, 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 causing the injury by occupational negligence);

1. Punishment provided for in Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the victim;

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