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(영문) 대구지방법원 김천지원 2013.10.16 2013고단1022
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On June 23, 2013, the Defendant: (a) driven a motor vehicle of so-called “C” with business duties around 21:45, and was driven by the president from the upper upper middle school to the right by the former president of Park Jong-hee, while neglecting his/her duty of Cheong-hee’s care and driving his/her motor vehicle on the right side from the left side of the direction of the course of the course of the operation of the motor vehicle of the victim D (n, 35 years old); (b) driving the motor vehicle of the victim D (n, 35 years old); (c) driving the motor vehicle of this case, the upper part of the left-hand part of the motor vehicle of the said C A-Hadd-Jed motor vehicle was the left-hand part

Ultimately, the Defendant, by occupational negligence, sustained an injury to the victim, such as a shoulder shump, which requires a medical treatment for about 10 days, and at the same time, escaped without immediately stopping the victim’s car and taking necessary measures, such as providing relief to the victim, even though it damages the victim’s car to be 348,465 won as repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. In light of the fact that a person drives a vehicle for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution and the fact that he/she runs the vehicle for a traffic accident even though he/she runs the vehicle, the crime liability is not provided for in the Act on the Suspension of Execution, taking into account all the circumstances, including the following: (a) the degree of injury to the victim or the degree of damage to the damaged vehicle is minor; (b) the victim agreed with the victim and the victim does not want the punishment; (c) there is no criminal history;

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