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(영문) 춘천지방법원 원주지원 2016.05.24 2016고단286
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

The defendant is a person who is engaged in driving a vehicle B with low investment.

On January 29, 2016, the Defendant driven the above vehicle around 02:10, and was in the original city C with the four-lane intersection, D, the front direction of the apartment complex in the front city of the city of the original city, leading to the 3-lane of the front city of the original city, leading to the apartment side of the apartment complex in the front city of the front city, making a right-way along the opposite direction beyond the median line while driving in the opposite direction of the vehicle of the opposite direction.

At night and at the time, the FK5 passenger cars of the victim E(n, 30 years old) driving had been in progress in the same direction as the defendant, so the driver of the vehicle has a duty of care to check whether there is a motor vehicle that passes on the right side before the right-hand is made and to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the defendant neglected this and did not discover the victim's car that was operated directly on the right side of the defendant's driving, and received a part on the right side of the victim's car as the back side of the driver's car.

The Defendant, by negligence in the above occupational negligence, sustained injury to the above victim, such as “finites and tensions,” which requires the above victim’s treatment for about two weeks, and at the same time, even though the victim’s car was destroyed by the repair cost of KRW 2,683,108, the Defendant left the vehicle and escaped without taking measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of household effects;

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 (a point where measures are not taken after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Criminal Act, the suspension of execution;

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