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(영문) 대전지방법원 논산지원 2017.04.18 2016고단170
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DM car.

On November 30, 2015, the Defendant driven the above car at around 02:00, while driving the Fambling Road E at Seosan-si, one of the agricultural cooperatives, driving from the Roman University to the dryyang University.

Since there is a limited speed of 30 km/h, there was a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected to do so at a limited speed exceeding 23.24km/h, and brought about the above shooting distance from the right side of the Defendant’s running direction to the left side, which led to the back side of the victim G(59) driving on the left side of the Defendant’s driving. The back wheels part of the Defendant’s driving on the left side of the Plaintiff’s G (59) was shocked into the front part of the Maz car.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt in need of treatment for about two weeks by occupational negligence as above, and at the same time escaped without taking necessary measures, such as aiding and abetting the damaged party, even though the repair cost is damaged to the extent of 2,320,000 won by fishing exchange, etc.

Summary of Evidence

1. Legal statement of witness G;

1. A comprehensive analysis of traffic accidents;

1. 112 A list of reported cases;

1. A medical certificate;

1. Written estimate for automobile inspection and maintenance (H);

1. The application of Acts and subordinate statutes governing the description of an accident scene photograph, H his/her franchise, and D Mye photograph description;

1. Article 5-3 subparag. 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 the crime (the point of failing to take measures after the accident)

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

1. Selection of imprisonment with prison labor chosen;

1. Determination as to the assertion by the Defendant and the defense counsel under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount

1. The alleged defendant and his defense counsel shall be the victim G.

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