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(영문) 수원지방법원 평택지원 2015.04.17 2015고단328

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a vehicle QM3.

On March 4, 2015, at around 03:50, the Defendant continued to cross-section from the direction of Pyeongtaek-si to the speed of about 30 km from the west-si.

At the time, there was a duty of care to prevent accidents by examining whether a person engaged in driving a motor vehicle has another motor vehicle entering the intersection to reduce the speed and whether there is another motor vehicle entering the intersection.

Nevertheless, the Defendant neglected this and proceeded with the said intersection by his negligence, thereby driving the victim D(the age of 55) driving the said intersection toward the Hanbast kin distance from the Sungdong Elementary School’s death distance, and received the said QM3 vehicle’s front part.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the left knee-shne-hne-hne-hne-hne-hne-hne-hne-hne-kne-hne-hne-kne-hne-kne-hne-kne-kne-kne-kne-kne-hne-kne-kne-kne-kne-kne-kne-kne

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes, such as field photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, 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 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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending sentence] of the Criminal Act, the mitigated area (six months to October) is mitigated after traffic accidents.