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(영문) 의정부지방법원 2015.06.10 2015고단837
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving a ready-light vehicle C.

On February 28, 2015, the Defendant driven the above car at around 17:25, and led to a road of 271-lane in front of the Gyeonggi-do Livestock Sanitation Research Institute, which is located in the 271-do, Seoyang-si, Seoyang-si, Seoyang-do.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to prevent accidents by driving safely, such as making a person engaged in driving service thoroughly in front of the city, keeping the lane well, etc.

Nevertheless, the Defendant neglected this and went beyond the median line and received the left-hand part of the victim D (50 years old) driving Esch Rexroth from the opposite opposite lane.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and, at the same time, escaped without any necessary measures, such as stopping the same to the extent that the repair cost, such as 1,746,852 won, such as the start-up of grampulp, was damaged to the degree of the above car, and thus, the Defendant escaped without any necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

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 relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of view of measures not to be taken after destruction and damage);

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] and the reason for sentencing under Article 62(1) of the Criminal Act occurrence of minor injuries in the area of special mitigation (3 to 10 months) after traffic accidents.

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