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(영문) 수원지방법원 2016.05.19 2016고단978

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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 is a person who is engaged in driving a motor vehicle in B, sod XD.

On February 16, 2016, the Defendant driven the above vehicle at a speed of 06:35, and turned to the left at a speed of about 30km at the speed of about 30 km, depending on the one-lane road from the bridge on the front of the entrance of the chocheon-dong at the chocheon-dong site for the development of the Chocheon-dong.

At the time, the traffic control is carried out at night and at all times, so the defendant has a duty of care to safely turn to the left after checking the front side well and checking whether there is a vehicle in the opposite line.

Nevertheless, the defendant neglected to turn to the left without neglecting it and caused the damage to the right side of the motor vehicle operated by the defendant's driver on the back side of the motor vehicle in question by the defendant's driver's negligence, which is going straight from the opposite direction of the defendant's driver's vehicle in the victim C (IS, 21 years old).

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately two weeks of medical treatment. The Defendant immediately stopped the amount of the victim’s fright-learning car to repair the 996,268 won, and escaped without providing relief or taking necessary measures, even though the Defendant damaged the victim’s fright-learning car to repair it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (written estimates for repair of damaged vehicles and written diagnosis of injury);

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 (the point of failing to take measures after the accident)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommended punishment] does not apply to regular concurrent crimes.

[Pronouncement of Punishment.]