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(영문) 대전지방법원 천안지원 2017.11.02 2017고단2052
특정범죄가중처벌등에관한법률위반(도주차량)등
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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 29, 2017, the Defendant, engaged in driving of B Tra XG car, was driving at a speed of 1:00 on July 29, 2017, 09:15, in the north-gu, Seocheon-gu, Nowon-gu, Seoul Special Metropolitan City, the shooting distance in front of the fixed apartment in front of the French apartment located in the B-dong, B-dong, B-dong, a two-lane from the apartment room to the office of the non-dong office of the non-dong, as one-lane, at a speed of 1:00.

It is a long-distance where the passage of vehicles is frequent and traffic signals are installed. In such a case, there was a duty of care to prevent accidents, such as driving a person engaged in driving a motor vehicle by checking well the signal and whether the vehicle is suspended.

Nevertheless, the Defendant neglected this and failed to discover the victim C's D-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Photographs, such as damaged vehicles;

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

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

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