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(영문) 수원지방법원 평택지원 2016.04.28 2016고단99

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 the driver of the cargo vehicle B.

On December 17, 2015, the Defendant driven the above cargo vehicle around 20:30 on December 17, 2015, and led to one-lane road in front of the Western Underground Road in Pyeongtaek-si, Seo-si, to the direction of the reunch elementary school from the south Agricultural District.

At the time, there was an intersection at night and at the front, so in such a case, there was a duty of care to prevent accidents in advance by safely driving the brake by safely driving the vehicle by reducing the speed and accurately manipulating the brakes in the front side.

Nevertheless, the Defendant neglected to do so and did not look at the front side, and was negligent in driving on the front side of the victim C(30 Do) who was parked in the same direction at the same time, and received the back part of the Dom5 car as the front part of the Defendant’s vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as light finites that require approximately two weeks of medical treatment, and, at the same time, escaped without taking necessary measures, such as aiding and abetting the victim, while destroying the said SM5 car, which is the victim’s possession, and immediately stopping the vehicle and providing relief to the injured party, so that the repair cost equivalent to KRW 2,592,58, such as the exchange of back pans.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Act and subordinate statutes on the actual condition of traffic accidents, the scene of accidents, vehicle photographs, diagnosis certificates, and estimates;

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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no previous conviction exceeding the fine and the fact that there is an agreement with the victim);

1. The community service order under Article 62-2 of the Criminal Act;