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(영문) 대전지방법원 천안지원 2013.05.24 2013고단313
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 rocketing car.

At around 19:40 on March 16, 2013, the Defendant opened a road in front of the “Nou Pindo” located in Asan-si, Asan-si, and proceeded at a speed of about 30 km (30km) speed from the Sacheon-si to the Sincheon-si.

A driver has a duty of care to prevent accidents due to thorough operation of brakes and steering gear according to the situation of traffic on the front-way, and due diligence, temporary suspension, etc., of those engaged in driving duty.

Nevertheless, the Defendant neglected this and was driven by the victim C (the age of 38) who was temporarily stopped for signal air at the front of the car by negligence, and received the back part of the Done Star car van which was driven by the victim C (the age of 38).

According to the shock, the defendant suffered injury to the victim E (Vs, 51 years old), who was on board with the victim C, for about two weeks of medical treatment, respectively, and at the same time, even if the above vans were damaged to the vans, etc. for the repair cost of approximately KRW 1,477,890, such as the vans, the defendant left the vehicle immediately and escaped without taking measures such as aiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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 by applicable law;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act (unclaimed Measures after Accidents), and the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment imposed on a victim C with the largest punishment)

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