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(영문) 춘천지방법원 강릉지원 2014.05.08 2014고단20
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 of a small-sized vehicle with Chump.

On January 5, 2014, the Defendant driven the said car on January 18:13, 201, while driving the said car and driving the two-lane road in front of the Busan Metropolitan Public Security Center located in the valley in the East Sea at the time of the East Sea at a speed of about 50 km from the fluence to the fluence of the valley.

There are three-distance crossings, and it was difficult for the road surface to be cut due to the snow preceding the time, and in front of the defendant's running direction, the victim D(37 years old) E-Rad car's driving in the victim D(37 years old) was a signal atmosphere, so the driver of the motor vehicle has a duty of care to prevent accidents in advance by driving while driving the motor vehicle at a speed while driving the motor vehicle at a speed.

Nevertheless, the Defendant neglected the front-time and proceeded without reducing the speed of the vehicle at the front of the Defendant’s driving by negligence, which led to the front-hand part of the Defendant’s driving, and received the back-hand part of the Defendant’s driving.

As a result, the Defendant suffered injury to the victim, such as brain salva, which requires treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant, while destroying the said dyd car to the sum of KRW 77,113, such as the exchange of the dyd car to the victim, did not immediately stop the dyd car, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A traffic accident report;

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 and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after causing damage or destruction by occupational negligence);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for discretionary mitigation.

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