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(영문) 대전지방법원 서산지원 2013.07.12 2013고단108
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not more than ten 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 Cren car.

On January 4, 2013, the Defendant driven the said car at a speed of about 40-50 km from the direction of the red direction to drive the said car at a speed of about 40-50 km in the direction of the city.

In this case, a person engaged in driving of a motor vehicle has a duty of care to observe the conditions of the front section and the left section and to accurately operate and safely drive the steering gear and the steering gear.

Nevertheless, the defendant neglected this and did not discover the victim D (Nam, 54 years old) who crosses the road to the right side from the left side of the left side by negligence, and did not get the victim to go beyond the ground.

Ultimately, the Defendant got injured by the victim’s occupational negligence for about ten (10) weeks of medical treatment, such as the removal of the right frame, etc., but did not immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act regarding the crime. Article 5-3 (Selection of Imprisonment)

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the fact that he/she acknowledges the crime as a primary offender and repents it, deposited five million won for the victim, he/she purchased a comprehensive insurance policy, the fact that the vehicle has been covered by a comprehensive insurance policy, the fact that the defendant should care for the same student as his/her parent and mental retardation disorder-2 while playing the most substantial role, economic circumstances, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Consideration for Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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