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(영문) 수원지방법원 안양지원 2014.12.18 2014고단1436

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

It is necessary to revise and supplement the facts charged without going through amendments to Bill of Indictment to the extent that it seems that there is no substantial disadvantage to the defendant's defense right.

On August 17, 2014, the Defendant driven a low-speed car as a job at around 19:10, while driving the five-lane road along the intersection of the safe-speed intersection in the Hanyang-si, Syang-si, through the intersection of the safe-speed intersection in Seoul, the Defendant passed the intersection in the direction of the safe-speed intersection in Seoul, and entered the direction of the safe-distance distance. On the part of the victim C (56 years old) driver's driving vehicle in the direction of Mayang-si, the Defendant got off the five-lane road in the direction of the safe-speed intersection in Seoul, while passing through the said intersection. The Defendant was unable to properly operate the steering gear, and entered the right-hand side of the driver's driving vehicle in the direction of the right-hand side of the Defendant's driving vehicle.

Ultimately, the Defendant suffered from the victim E (the 55 years old) who was accompanied by the above cargo vehicle with the victim C due to the above occupational negligence, respectively, for about two weeks of medical treatment, and at the same time, destroyed the above cargo vehicle to be 700,000 won of the repair cost, and escaped without taking necessary measures, such as aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. The actual condition survey report;

1. Each injury diagnosis letter;

1. Written estimate;

1. Application of Acts and subordinate statutes to accident sites and related vehicle photographs;

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 by applicable law;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) 1.