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(영문) 대구지방법원 2013.04.10 2012고정4302
특정범죄가중처벌등에관한법률위반(도주차량)
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The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-learning car.

On September 12, 2012, the Defendant driven the above car on September 10, 2012, and continued to drive it on the side of the Hatrocheon-si, Youngcheon-si.

Since there was a frequent passage of people, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by safely driving it, such as making it possible for the person engaged in driving of a motor vehicle to live well, accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and followed the victim D (the age of 46)’s left development, etc. on the front side of the learning vehicle by negligence, which was going to the front side of the driving vehicle.

Ultimately, even if the Defendant suffered from an injury to salt and tension on the left part that requires medical treatment for about two weeks due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Partial testimony of witness E;

1. Statement of D police officer;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a traffic accident report, accident site, and accident vehicle photograph;

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 relevant criminal facts and the selection of punishment;

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of conversion of KRW 50,000 per day) into a workhouse;

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the Suspension of Sentence (the fact that the injured party is not punishable, the first offender, and other factors considered such as the age of the accused, circumstances leading to the crime,

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