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(영문) 춘천지방법원 원주지원 2016.07.21 2016고단546
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 C Poter Cargo Vehicle.

On June 3, 2016, the Defendant driven the above vehicle at around 08:25, while driving it on the road in front of the “in E” located in D at the prime city, and fixed the said vehicle at a place and opened a door to the driver’s seat.

At that time, there is a single road of one lane, and at that time, the victim F(14) was driving on the Defendant’s driver’s seat on the bicycle, and the Defendant was obliged to check the front side and the left side of the vehicle and to hold a door to prevent the accident.

Nevertheless, the defendant neglected this and opened the door of the driver's seat in a timely manner, and shocked the bicycle right-hand hand of the victim's bicycle driving by the above driver's seat, and caused the victim to go beyond the road.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as the right hand room, which requires treatment for about two weeks, and at the same time destroyed the above bicycle to repair expenses, and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A medical certificate;

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 crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

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