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(영문) 수원지방법원 2015.09.16 2015고단845

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

The Defendant, around 14:45 on September 3, 2014, driven the said car and proceeds along the two-lanes along the nived road of the support-based and the 4-lane adjacent to the nived road running along the border of the city of king-si along the two-lanes along the inside side of the water source.

The tea has changed to one lane.

In this case, the driver of the vehicle has a duty of care to operate direction direction, etc. to give prior notice of change of course, and to change the car line in the future and the future by properly examining the traffic situation of the vehicle.

Nevertheless, the defendant neglected this and caused the victim D(53 years old) driver's vehicle to move along one lane on the left side due to the negligence of changing the lane into the left side, and caused the defendant to get the back portion of the driver's vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately three weeks of medical treatment, and, at the same time, escaped without taking necessary measures, such as destroying and damaging the b,864,569 won of the repair cost to rescue the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A traffic accident report (1), (2);

1. A medical certificate (52 pages of investigation records);

1. Investigation report (verification of cost for repairing damaged vehicles) and estimates of damaged vehicles;

1. Bluebbbox CDs;

1. Application of the statutes on the photograph of this case

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (a measure not taken after causing a loss by negligence);

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 ( considered as favorable circumstances among the reasons for the punishment in prison);

1. The defendant under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for the suspended sentence).