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(영문) 청주지방법원 2016.12.15 2016고단1246
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, 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

On May 23, 2016, the Defendant driven the above vehicle at around 23:35 on May 23, 2016, who is engaged in the business of driving B carp vehicles, and driven the three-lanes in front of the Cheongdong-gu Cheongdong-gu Cheongju-si, in the direction of Heung-gu.

At the time, there is an intersection where signal lights are installed at night and at the front, so the defendant engaged in driving of the motor vehicle had a duty of care to reduce the speed and to prevent accidents by driving the other motor vehicles on the signal lights and the front side with the same attitude.

Nevertheless, the Defendant neglected this and proceeded with the front part of the Kani vehicle in front of the Kani vehicle when the victim C (the 20-year-old driver) stops in the signal atmosphere due to the negligence, etc. that is going to the front.

As a result, the Defendant suffered injury to the victim, such as climatic salt, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant got off the clifly vehicle with the repair cost of 3,730,580 won and escaped without taking necessary measures, after getting out the clif vehicle with the victim’s talk with another person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1) (2) (actual survey report);

1. On-site photographs of the accident site and booms for submitting victims;

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, 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 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;

1. Probation, community service order and order to attend lectures under Article 62-2 of the Criminal Act;

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