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(영문) 의정부지방법원 고양지원 2013.04.10 2012고단1231
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 of the vehicle B.

On May 25, 2012, the Defendant driving the above vehicle at around 19:20 on May 25, 2012, and driving in front of the 8-lane of Seoyang-gu Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, with three-lanes of the three-lanes between the 19:20 and the 3-lane.

At the end of the intersection, the driver has been obliged to change the course to the left-hand lane, and in such cases, the driver has a duty of care to check whether there is a vehicle driving on the lane to change well the right and the right and the right and the right and the right and the right and the right and the duty of care to prevent accidents due to a safe change

Nevertheless, the Defendant neglected this due to the negligence of changing course and attempted to stop immediately, and escaped without taking necessary measures, such as providing relief to the victim, etc., while harming the part behind the right side of the D self-pured vehicle driving in the same direction as that of the D self-pured vehicle, and harming the victim by shocking the part behind the left side of the D self-pured vehicle in front of the lurged vehicle. At the same time, the Defendant suffered from the injury of curmatic salt, etc. requiring medical treatment for about two weeks, and at the same time, destroyed the damaged vehicle to the extent of KRW 53,093.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each investigation report;

1. The actual survey report and the occurrence of traffic accidents;

1. A written diagnosis and written estimate;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the criminal facts;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, Etc. include a large number of criminal records due to drinking and driving without a license, and the crimes of this case also drinking and drinking.

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