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(영문) 수원지방법원 2013.06.18 2013고합253

특정범죄가중처벌등에관한법률위반(도주차량)

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

On March 20, 2013, at around 16:30 on March 20, 2013, the Defendant driven CFFF truck and proceeded one lane in front of the South Seoul Driving School located in the main region of the GG in the GGEn-si of the GGE, which is located in the GGE-si.

In this case, the driver of a motor vehicle has a duty of care to take into account the situation of the front side and the left side and safely.

Nevertheless, due to negligence of neglecting this, the Defendant got the victim F.(35), G (42 years old), and H (33 years old), who was the fronter of the cargo vehicle, who was the victim D(34 years old) driving while stopping at the fronter of the Defendant’s vehicle, and got injured by the victim F.(35 years old), G (42 years old), and H (33 years old), who was the passenger of the said cargo vehicle, for about two weeks of medical treatment, and escaped without immediately stopping the vehicle and providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement on the occurrence of each traffic accident of D, F, G and H;

1. Each medical certificate for D, G, H, and F;

1. Photographs of the damaged vehicle, and on-site photographs of the traffic accident scene;

1. Application of Acts and subordinate statutes to traffic accident reports and traffic accident occurrence reports;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the probation, order to attend lectures or order to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for not less than six months nor more than fifteen years;

2. Application of the sentencing guidelines [Determination of the type of punishment] shall be applied [the person who has a special prison] to escape after causing bodily injury after traffic accidents: where minor injury has occurred (1 and 2 types), penalty not to be imposed (including serious efforts to recover damage), [the decision of the recommended area] to be subject to special mitigation [the scope of recommendation] to be sentenced to imprisonment for three months or to be sentenced to imprisonment for ten months [the suspension of execution].