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(영문) 춘천지방법원 2014.07.03 2014고단453
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a radar car.

On May 10, 2014, the Defendant driven the above car on May 10, 2015, and led 420-1 to the intersection of the crew iron goods in front of the south to the direction of the flow-distance distance from the south to the south.

At the same time, traffic control is performed because signal lights are installed, so a person engaged in driving service shall be slowly performed, and there was a duty of care to drive in accordance with the signals.

Nevertheless, the Defendant neglected to stop the vehicle and attempted to escape without any measures such as saving the injured and saving the injured, as the victim C (the aged 29) driven by the normal signals in the direction of the Chuncheon Switzerland located in the boundary of the public health clinic of Chuncheon-si, Chuncheon-si, where the victim C (the aged 29) driven in the top of the front line of the Maz driving seat in front of the said Maz driver's vehicle, and caused injury to the injured for about two weeks. Even though the property worth KRW 1,186,128, such as the exchange of the Maz car in front of the Maz car, was damaged, the Defendant immediately stopped the Maz car and failed to take measures such as saving the injured.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement of the occurrence of a traffic accident of C and E;

1. Application of 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, Article 148 and Article 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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order is the primary offender, the fact that the Defendant’s driver’s vehicle is covered by the automobile comprehensive insurance, and the degree of damage, shall be considered.

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