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(영문) 대전지방법원 2014.03.27 2014고단89
특정범죄가중처벌등에관한법률위반(도주차량)등
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

On December 7, 2013, the Defendant, without purchasing a motor vehicle liability insurance on December 7, 2013, operated a new-chip car and proceeded along two-lanes with five-lane Han field intersections in the Daejeon Seo-gu, Daejeon.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately operating and safely operating the brake and steering gear.

Nevertheless, the defendant neglected this and proceeded along the three-lanes of the road, which the victim D (the age of 28) who was driving along the three-lanes of the road, received the back portion of the road's left side as the front side of the vehicle of the defendant.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim D and the victim F (28 years old) who was boarding the said Schlage’s car by causing approximately two weeks of treatment, such as salt, tension, etc. in each of the said Schlage’s car, and, at the same time, escaped without taking necessary measures, such as immediately stopping the said Schlage’s vehicle, even if it damages the back chiller, etc. and immediately stopping the said vehicle, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. Police seizure records;

1. Each written diagnosis;

1. Application of the actual condition of traffic accidents (1) Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes Concerning the Crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., the fact that the victim has agreed with and his depthed) is suspended;

1. Order to attend lectures under the Criminal Act;

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