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(영문) 대전지방법원 2013.11.20 2013고단3714
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around 05:40 on September 12, 2013, the Defendant driven a CBa car and proceeded at a speed of about 80 kilometers a speed of about 80 kilometers a speed of her hour among the four-lanes in the direction of flood slopes in the mountain-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul. In such a case, the Defendant had a duty of care to accurately operate the steering direction and brake system and operate it safely.

Nevertheless, the Defendant neglected to drive a small-scale Class 1 disease at the time, and neglected to do so to the right side of the Defendant, and received the victim D(59 years old and 61 years old) and E(61 years old and 61 years old) a front part of the Defendant’s car on the right side of the Defendant, which was waiting for the crosswalk signal.

After all, the Defendant, due to the above occupational negligence, caused the victim D to suffer injury to the victim D, such as an external propoppy, which requires medical treatment for about 16 weeks, and had the victim E suffer injury to the left-hand part 1, 2, and 2, which requires medical treatment for about 6 weeks, and failed to immediately stop and stop and take necessary measures, such as aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Report on the start-up of the driving under consideration, and report on the circumstantial statement of the driver under consideration;

1. The actual condition survey report;

1. The application of the law to the opinion and the medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing) are as follows: (a) the Defendant driving while under the influence of alcohol, thereby causing serious injury to two victims; and (b) the relief measures are taken.

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