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(영문) 전주지방법원 군산지원 2013.09.11 2013고단671
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 person engaged in the duty of driving Brenren vehicles.

On April 29, 2013, the Defendant driven the above vehicle on April 16, 2016:50, and continued to use the road without any line of international travel from the area of international culture village to the area of the Gunsan University.

At the same time, the victim C(49 years of age) and the Otoba, the ownership of the victim C(49 years of age) at the right edge of the proceeding direction, so the person engaged in driving service, has a duty of care to take care of the front side and prevent the accident in advance by driving the driver.

Nevertheless, the Defendant neglected to discover the above victim due to negligence and caused the victim to go beyond the road with knee as knee of the victim's right-hand part of the above vehicle without finding the victim's right-hand side of the vehicle. At the same time, the Defendant got off the road, and went beyond the dives of the victim's possession

As a result, the Defendant, by such occupational negligence, parked the victim with approximately eight weeks of medical treatment, and escaped without taking necessary measures, such as aiding and abetting the victim, even though he/she was at the same time stopped the above stove with the repair cost of KRW 1,60,000, while suffering from the stoves of the right slot, the complete stoves of the side inside the right slot pipe, the right side inside and outside of the right s to the right s to the right s to the right s to the right s to the right s to the right s to the right s to the contrary.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, C's statement, diagnosis report, traffic accident report (actual fact investigation report)

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 and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness, self-denunciation, exemption from punishment);

1. Article 62 of the Criminal Act:

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