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(영문) 대전지방법원 2016.05.18 2016고단161
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant was engaged in driving of CAWn-purd Motor Vehicle.

On January 7, 2016, around 05:55, the Defendant driven the said car on the front of the dump dump chill road located in the Chungcheongnam-gu Daejeon Metropolitan City, Daejeon, and proceeded the two-lanes of the three-lane roads from the upper three-lanes away from the lower three-lanes.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering direction and the operation of the steering system of the motor vehicle and to safely proceed with it, due to negligence of driving the motor vehicle and by negligence, received the back portion of the left side of the motor vehicle of the motor vehicle of the victim D(35 tax) which was stopped for the signal waiting in front of the driving direction of the motor vehicle.

As a result, Defendant 1 suffered injuries, such as salt ties and tensions in light of the border that requires approximately two weeks of treatment to the above victim, salt ties and tensions in us, and the right side of the bridge under the right side, and at the same time, Defendant 2 escaped without immediately stopping the above spke car and without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the written estimate statutes;

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;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A person is driving under the influence of alcohol.

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