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(영문) 대전지방법원 서산지원 2012.09.28 2012고단644
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 January 28, 2012, the Defendant was driving the said car at around 23:45, while proceeding from the Myeoncheon to the right side the road prior to the right side of the pure elementary school located at the time of the ruling party. At the time, the Defendant was driving on the 49cc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc oc, which was driven by the victim C (the age of 41) and the point at which the accident occurred was the road towards the port. In such a case, there was a duty

Nevertheless, the Defendant was negligent in running the center part of the road over the center of the road without continuously reducing the speed, and received the left part of the above Oral Sea as the front part of the car operation of the Defendant.

In this regard, the Defendant suffered injury to the victim due to the above occupational negligence during about 16 weeks of the need for medical treatment, and at the same time, the Defendant did not immediately stop the repair expenses equivalent to 4.50,000 won, and did not take measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The actual condition survey report;

1. Evidence and photographs of the 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, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Aggravation of concurrent crimes with punishment prescribed in Articles 40 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The day following the crime of Article 62(1) of the Criminal Act was voluntarily surrendered.

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