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(영문) 대전지방법원 홍성지원 2012.11.28 2012고단859
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:00 on September 13, 2012, the Defendant, who is engaged in driving freight cars B, driven the above freight cars and proceeded with the front road of agricultural machinery from the south-west side to the west-west side, rather than from the south-west side.

However, the Defendant received the back portion of the D Poter Cargo which the victim C(the age of 57) is driving at a temporary stop in order to turn to the left from the front direction of the Defendant’s proceeding due to negligence of neglecting the front direction.

The Defendant, by negligence in the course of performing the above duties, sustained injury to the injured party, such as the clifal and clifal salt in need of treatment for about three weeks, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the clifal vehicle, even after destroying the clifal vehicle in excess of KRW 1,188,249, which is owned by the injured party.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and C;

1. For the first-class traffic accident report;

1. A report on traffic accident (i.e., a report on traffic accident);

1. A report on a traffic accident and a report on Doll net situation;

1. On-site photographs;

1. A medical certificate;

1. Application of the written estimate statutes;

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 escape after causing a loss by negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Circumstances in which the following reasons for sentencing are described):

1. Article 62 (1) of the Criminal Act ( repeatedly considering factors, etc. describing the reasons for sentencing following the suspended sentence);

1. The crime of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is an injury of the victim's three weeks of custody due to negligence of the defendant's neglect of the duty of care in advance, and the goods equivalent to KRW 1,188,249.

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