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(영문) 춘천지방법원 강릉지원 2016.01.20 2015고단1314
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On June 14, 2015, the Defendant driven the above vehicle at around 01:55, while driving the vehicle at a speed of 01:00,000, the direction of the home fluor in the direction of the river fluor, which is located in the jurisdiction of the river fluor.

At the time, the signal was installed at night, and in such a case, the driver of the vehicle had a duty of care to live well on the front side and the left and right, and to drive the vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected this and went to the intersection in contravention of the signal, and caused the victim C(43 S) driver's seat in front of the suspect's vehicle to shock the front part of the suspect's vehicle in front of the driver's seat in green light in the direction of the victim's vehicle's right side in the direction of green light.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as the 4, 5 malone and salone malone, which requires approximately 4,700,000 won of the market price, and escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. 교통사고발생보고, 실황 조사서, 현장사진, 진단서, #` 차량 블랙 박스 영상사진, 목격차량 블랙 박스 영상사진 법령의 적용

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-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. Article 62 (1) of the Criminal Act (including the fact that there is no criminal conviction or heavier than the suspension of execution and that there is an agreement with the victim);

1. Protection observation and:

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