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(영문) 수원지방법원 안산지원 2013.05.23 2013고단653

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 December 14, 2012, at around 18:40 on December 14, 2012, the Defendant driven a small-sized Damea car, and made the turn to the left at the right-hand of the earth from the direction of the Gangwon High School to the intersection of the Central Oil Station located in the 852 Dong-gu, Ansan-si.

At the time, it was difficult to secure the view because there was a lot of vehicles parked around the city, and there was a crosswalk installed on the road where the left turn to the left, so there was a duty of care to prevent accidents in advance by properly operating the steering direction and brake system by reducing speed and properly examining the right and the left and right of the vehicle.

Nevertheless, the Defendant, by negligence, escaped without taking necessary measures, such as providing relief to the victim, even though the victim C (the 10-year-old)’s left side of the victim’s (the 10-year-old) who opened the road to the right side of the left side of the left side of the left side of the said cargo, and suffered injury, such as cutting down the 1st degree of the left side of the 5-day-hand side, which requires medical treatment, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident 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 and Article 268 of the Criminal Act concerning the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the negligence on the occurrence of the instant traffic accident even to the injured party, the defendant informs the injured party of his contact information, and leaving the scene of the accident);

1. Suspension of execution under Article 62 (1) of the Criminal Act (such as the fact that the defendant reflects his mistake in depth, the fact that the defendant is the primary offender, and the fact that the victim does not want the punishment of the defendant by mutual consent with the victim);