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(영문) 대전지방법원 천안지원 2013.07.05 2013고단562
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 a B-Wood vehicle.

On February 8, 2013, the Defendant driven the above car at around 01:15, and was stopped on the side of the road in the Dong-gu Seoul, Dong-gu, Dong-gu, Seoul, Dong-gu, Seoul, Dong-gu, Seoul, and became four-lanes.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents in advance by safely driving the motor vehicle, such as taking a traffic situation well and accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and proceeded at the fourth-lane of the Victim C(65 years old) driving, which led to the front right side of the DFM12 freight vehicle of the victim C (65 years old) with the Defendant’s car side.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim, such as salt, tensions, etc., in need of treatment for about three weeks, and, at the same time, did not immediately stop the said cargo and take necessary measures, such as aiding the victim, even though the said cargo was damaged by the repair cost of KRW 15,382,840.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Each internal investigation report and investigation report;

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 related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of issue after the accident);

1. Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier punishment);

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 sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

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