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(영문) 춘천지방법원 2013.04.02 2012고단758
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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.

On July 21, 2012, the Defendant driven the said car on July 21, 2010, and moved the intersection from the Japanese apartment zone to the south Chuncheon basin.

Since there is a place where traffic control is not carried out, there was a duty of care to take part in driving service after checking the safety of the course of the prior bank and the right and the right by reducing or temporarily stopping the speed prior to the right and the right and the right of the person engaged in driving service.

Nevertheless, the Defendant neglected this and failed to properly operate the operation of the operation and steering gear, and failed to stop the vehicle owned by the victim so that the victim D (hereinafter referred to as 29 years of age) was driving on the right side from the left side of the running direction of the Defendant, and went away without taking measures such as providing relief to the victim, etc., by taking up the part of the driver's vehicle driving seat of the E-learning car, which was driven by the victim D (hereinafter referred to as 29 years of age) as the front part of the Defendant's vehicle driving. At the same time, the Defendant suffered injury to the victim, such as the neck, tension, etc. of the bones that requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes on traffic accident;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and 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 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. The defendant's reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "the reasons for sentencing") reflects the depth of the crime.

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