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(영문) 대전지방법원 2016.06.01 2016고단800
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

The Defendant was engaged in driving of CAWn-purd Motor Vehicle.

On February 5, 2016, around 12:53, the Defendant driven the said car in front of E in the Sejong-si, Sejong-si, and proceeded with the first lane of the road in letter as a new shotison.

In such a case, although a person engaged in driving of a motor vehicle has an occupational duty of care to maintain the safety distance with the front and drive the motor vehicle safely, he/she was negligent in driving the same motor vehicle due to the negligence of driving the motor vehicle before the same direction, he/she received the rear part of the passenger car volume of the victim F.(52)'s G car driving ahead of the same direction.

As a result, Defendant 1 suffered injury, such as salt, tension, etc., in need of the above victim’s treatment for about two weeks, and at the same time, Defendant 2 escaped without immediately stopping the said car and without taking necessary measures, such as providing relief to the injured party, even though the said car was damaged by the repair cost of KRW 3,519,670.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on response results from digital evidence analysis;

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 causing a traffic accident) and Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after a traffic accident) concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Amount of Punishment (see, e.g., Supreme Court Decision 53 and Article 55(1)3 of the same Act (see, e.g., the absence of previous convictions, the degree of damage does not seem to be obvious, the partial payment of money in connection with recovery

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. The community service order under Article 62-2 of the Criminal Act;

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