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(영문) 수원지방법원 안양지원 2016.03.25 2015고단2030

특정범죄가중처벌등에관한법률위반(도주차량)등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a two-way passenger car.

On October 30, 2015, the Defendant: (a) driven the said car with a light of around 06:23, while driving the said car and driving it toward the private distance from the side of the school to the private distance; (b) due to the negligence of the victim C (76 years old) who was straight from the opposite part to the private line and went to the private line in violation of the new subparagraph; and (c) took the front part of the Defendant’s car with the victim’s driving 5 vehicle, which was going to the private line to the private line under the new subparagraph; (d) at the same time, the Defendant sustained the victim’s injury, such as a power failure, etc. to repair the said passenger’s vehicle to the right part near the private line requiring the treatment of about 8 weeks; and (e) at the same time, the victim’s vehicle was destroyed by KRW 2,580,953, and did not immediately stop the accident and did not take necessary measures, such as providing relief.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photographs, such as black boxes, video images, and accident vehicles;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the act of not taking measures after the damage of property is inflicted on the part of an occupational negligence);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The application of the sentencing criteria does not present a separate processing criteria for the ordinary concurrent crimes.