beta
(영문) 수원지방법원 성남지원 2015.11.17 2015고단1948

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be postponed 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 of Bchip motor vehicles.

On August 21, 2015, the defendant, around 22:35, 2015, proceeded four lanes of the distance of 411-lanes from the Seo-dong side of Seo-gu, Sungnam-si.

In such a case, the driver of the motor vehicle has a duty of care to safely proceed in accordance with the good faith.

Nevertheless, the Defendant neglected this and went to turn to the left on the right side of the Defendant’s moving direction through occupational negligence, and went to the Defendant’s driving as the Defendant’s vehicle, and due to the shock, the victim E’s fright cars parked at the road edge due to the shock, and due to the shock, E’s fright cars were cut to be cut to the victim’s fright cars going to the front side of the road. At the same time, the Defendant got the victim’s fright cars going to go to the front side of the road. At the same time, the Defendant got the victim’s fright cars to receive the victim’s fright cars in detail requiring the victim’s treatment for about three weeks by going to go to the frightth of Hyundai Capital, and, at the same time, escaped without taking measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. A survey report on actual condition;

4. 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;

Article 40 or 50 (Selection of Imprisonment with Labor)

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act;

5. Order to attend lectures and order to provide community service under Article 62-2 of the Criminal Act;