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(영문) 광주지방법원 목포지원 2014.09.15 2014고단990
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 who is engaged in driving a B M& car.

On March 17, 2014, at around 00:005, the Defendant driven the Mat Motor Vehicle and continued to drive the Mat-ro intersection in front of the Rose of Sharon, which is located in the Simpo-si, Simpo-si.

At the same time, since it is a night and a long-distance intersection without signal, there was a duty of care to check whether there is a cross-road vehicle by reducing the speed or temporarily stopping for a person engaged in driving of a motor vehicle and to drive the motor vehicle.

Nevertheless, the defendant neglected this and proceeded as it is, and the victim C (at the age of 45) driving at the right side of the running direction of the above marina car operated by the defendant, and the front part of the DNA passenger car driven by the victim C (at the age of 45) and the right side of the above marina car driven by the defendant.

The Defendant, by occupational negligence, sustained bodily injury around the snow that requires treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as aiding and abetting the 3,701,256 won of the repair cost, even though the Defendant damaged the said Rati car to become the 3,701,256 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1) and a traffic accident report (2) actual condition survey report;

1. A written diagnosis (C) and written estimate;

1. Application of the Acts and subordinate statutes to the victim's photographs (Evidence No. 17 pages), photographs of damaged vehicles, and photographs of affected vehicles;

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 of the Criminal Act for discretionary mitigation.

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