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(영문) 대전지방법원 2016.12.21 2016고단1958
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

[criminal power] On November 25, 2016, the Defendant was sentenced to a suspension of the execution of six months of imprisonment with prison labor for special larceny by the Cheongju District Court on December 3, 2016 and the judgment became final and conclusive on December 3, 2016.

【Criminal Facts】

The defendant is a person engaged in driving Ck5 cars.

On March 22, 2016, the Defendant driven the said car at a speed of 16:55, and driven the front road of the Daejeon Seo-gu Incheon Metropolitan City, Daejeon Metropolitan City, with a view to the use of the village development zone 9, pursuant to the 1st line road at an aesthetic speed from the boundary of the Dae-gu Dam.

At the time, the Defendant had a duty of care to live well and safely proceed with the proceeding of the preceding vehicle, since the Defendant was going to go to the intersection by following the E-Adidi vehicle driven by the victim D (n, 51 years old).

Nevertheless, the defendant received the back portion of the damaged vehicle's left side as the front side of the defendant's vehicle due to the negligence that the defendant proceeded to go ahead of the damaged vehicle while the damaged vehicle is left left.

The Defendant, by such occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and even if the damaged vehicle was damaged to have an amount equivalent to KRW 2,745,106, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. The actual condition survey report (1), (2), and the scene photograph of an accident;

1. A written diagnosis and written estimate;

1. Before judgment: Criminal records, summary of case agreement, auxiliary statements, and application of statutes of the judgment;

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 the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;

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