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(영문) 춘천지방법원 원주지원 2016.11.14 2016고단890
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 member of Cambodia's nationality company, who is a driver of Cusscar's car.

On April 17, 2016, the Defendant driven the said car without obtaining a driver's license on April 17, 2016, and proceeded with three-lanes in front of the dry Field Education Museum at Daejeon Samsung-dong, Daejeon, along three-lanes from the front line of discharge to the front line of discharge.

At the same time, there was a long distance intersection and a rain, so in such a case, the defendant had a duty of care to reduce the speed and prevent the accident in advance by well examining it.

Nevertheless, the Defendant neglected to do so and went through as it is, and thereby, was driven by the victim D (the 62 years old) who was in the atmosphere of the signal at the Madern intersection, as the front part of the Defendant’s car.

As a result, the Defendant committed an injury to salt, tension, etc. of the bones, which requires treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as providing relief to the victim, after immediately leaving the said rocketing car with repair cost of KRW 6,268,086.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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), subparagraph 1 of Article 152 and Article 43 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 each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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