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(영문) 의정부지방법원 고양지원 2013.10.23 2013고단1272
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 engaged in driving a wing truck B.

On May 29, 2013, the Defendant driven the above cargo truck on May 21, 2013, and proceeded with the four-one-way four-dimensional road as the resignation of the court Eup in the Pakistan-si.

At the time, there is a night and a place where the center line of the yellow-line is installed, so a person engaged in driving service has a duty of care to safely drive the steering gear by operating it properly.

Nevertheless, as long as he neglected this, the left-hand side of the Drocketing car driven by the victim C(the age of 64) who was driving on the opposite road by the negligence of breaking the central line, received the front-hand side of the said cargo truck.

At the same time, the Defendant, by negligence in the course of performing the above duties, suffered from a salt panion of the drilling requiring medical treatment for about three weeks, and at the same time, destroyed the said car to the extent that it is worth KRW 4,533,327, and escaped without immediately stopping the car and taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement to C by the police;

1. A traffic accident report;

1. Photographs;

1. Application of the 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) 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. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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