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(영문) 수원지방법원 2013.05.07 2013고단124

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

The Defendant is a person who is engaged in driving a third party car.

On November 18, 2012, the Defendant driving the said car at around 01:20, and driving the said car at a speed of about 20 km in front of the same building located in the Gyeonggi-gu New-dong, Gyeonggi-gu, Gyeonggi-do, with a speed of about 20 km from the boundary of the new distance to the boundary of the Korean folk village.

Since there is a place where commercial buildings are concentrated around, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving of a motor vehicle while properly operating the dong and steering gear.

Nevertheless, if the defendant neglected this and proceeded by negligence, he did not discover the victim D(31) who crossed the above road from the right side to the left side, and did not get the victim's bridge part to the right side of the above car.

Ultimately, even though the Defendant suffered injury, such as brain-dead, etc., to the victim for about three weeks of medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim, etc.);

1. Article 62-2 (1) of the Criminal Act to attend lectures;