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(영문) 의정부지방법원 2015.12.08 2015고단3522
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Clearning Motor Vehicle.

On May 7, 2015, the Defendant driven the said car on May 13:24, 2015, and led to the two-lane road in front of the E in Southyang City D along the two-lane way from the opposite side to the opposite side.

At this point, the center line of yellow-ray is installed, so in such a case, the driver of the motor vehicle had a duty of care to prevent accidents in advance by returning the front door well to the person engaged in driving the motor vehicle, and by safely driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and driven a motor vehicle by her negligence while driving the motor vehicle at the center line to overtake the previous motor vehicle, and received the G Gwork of the victim F (57 years old) driving from the opposite opposite lane as the left side of the motor vehicle of the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the victim, such as salt ties and tensions, which require treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as stopping, even though the said taxi was damaged to the extent of KRW 1,265,078, such as the exchange of post-dlon pans, and the said taxi was destroyed to the extent, and the victim was relieved.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F (Simplified traffic);

1. A report on traffic accidents and a report on actual condition;

1. A scene of an accident and photograph of an accident vehicle;

1. A medical certificate;

1. Application of the written estimate statutes;

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, and 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. The suspended sentence under Article 62 (1) of the Criminal Act does not contain any previous conviction or heavier, and the victim shall be punished by the defendant;

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