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(영문) 춘천지방법원 원주지원 2013.11.26 2013고단643
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DPamera 4S car.

On July 19, 2013, around 01:05, the Defendant followed a vehicle of self-furturturtured, driven by the victim E, who is proceeding in the same direction, while proceeding with the road of one-lane 1019 at the entrance of the Johcho-si 1019 at the entrance of the Johcho-si.

In this case, the driver of a motor vehicle has a duty of care to reduce the speed, to see the right and the right of the motor vehicle well, and to safely drive the motor vehicle so as to prevent the accident in advance by safely operating the motor vehicle.

Nevertheless, the Defendant neglected to go beyond the median line and tried to overtake the said A-Wurt-Wur-Wur-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wuron.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. in light of the trend requiring treatment for about two weeks, and at the same time, destroyed the said A-to-purd motor vehicle to be in excess of KRW 877,851, and escaped without immediately stopping it, and without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 (the point of failing to take measures after an accident);

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

1. Selection of imprisonment with prison labor chosen of the kind of punishment (Consideration of attitude, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration, reflectiveness, agreement, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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