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(영문) 수원지방법원 2015.02.05 2014고단7030

특정범죄가중처벌등에관한법률위반(도주차량)

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 who is engaged in the business of driving Cone Star Vehicles.

On September 21, 2014, the Defendant driven the above vehicle at a speed of about 20km per hour from the side of the mother middle school to the side of the village of about 265 kilometers per hour at the port of the city at the port of the port of the city at the port of the port of the city at the port of the port of the city at the port of the port of the city.

At the time, the location of the vehicle was narrow bridge, so in such case, the driver of the vehicle had a duty of care to see the front left well and to operate the steering gear accurately and safely.

Nevertheless, the defendant neglected this and failed to properly operate the steering gear, and led to a conflict between the right side of the victim D (n, 59 years old) who was walking along the right side of the direction, such as the left side of the victim D(n, 59 years old).

The Defendant, by negligence in the course of performing such duties, sustained bodily injury, such as saved salt saves, which requires treatment of the victim for about two weeks, but did not immediately stop and take any measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment with prison labor;

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(1) and the main sentence of Article 62-2(2) of the Criminal Act of the Probation and Social Service Order [Scope of Recommendation] In a case where a minor injury occurs (including a person subject to special mitigation) in the area of special mitigation (3 to 10 months) after a traffic accident (including a person subject to special mitigation) (i.e., 1 and 2), in a case where a minor injury is committed (including a serious effort to recover the damage), in a case where a defendant’s decision of sentence is contrary to his/her mistake, such as the history of traffic-related crimes, and the circumstances after