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(영문) 대전지방법원 2014.01.21 2013고단3173
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 person who is engaged in driving a D-Wood vehicle.

On June 18, 2013, the Defendant driven the said car at around 06:40 on June 18, 2013, and went to the right-hand side of the victim EDS5 (year 57) who was under a stop on the right-hand side of the car at the direction of the driving, while driving the said car. In such a case, even though a person engaged in driving service has a duty of care to safely operate it, the Defendant was negligent in doing so, while driving it on the right-hand side of the vehicle at the FDS5 (year 57) of the victim E, who was under a stop on the right-hand side.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer injury, such as the removal of the 5,6th century, which requires medical treatment for about 12 weeks, and at the same time, escaped without taking necessary measures, such as immediately stopping the vehicle and providing relief to the victim, even though it damages the repair cost equivalent to KRW 23,546,050, such as the replacement of the vehicle behind the vehicle in the SS5.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. A traffic accident report;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying and damaging property);

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1320, Jan. 1,

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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