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(영문) 수원지방법원 평택지원 2016.04.07 2016고단241

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 engaging in driving a rocketing car.

On January 10, 2016, when the Defendant driven the said car which was not covered by the liability insurance without the driver’s license of the said car, and opened the said SM5 car driving side in front of the said SM5 car as the front part of the said SM5 car, due to the negligence of not properly examining whether there is another vehicle entering the intersection while entering the intersection without a speed reduction, and due to the negligence of finding the victim D(28 years old) driving a vehicle going to the left side from the right side of the Defendant’s moving to the intersection, and the stop of the said car, which led to the front part of the said SM5 car, as the front part of the said SM5 car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as the escape certificate of a conical signboard requiring approximately four weeks of medical treatment, and at the same time, escaped without immediately stopping the said SM5 vehicle to cause approximately KRW 3,506,197 of repair cost, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A survey report on actual conditions;

1. Statement made by the police against D;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1), 152 subparag. 1 and 43 of the Road Traffic Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning the crime;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Determination on the application of the O sentencing guidelines for the reasons of sentencing under Article 62(1) of the Criminal Act: the lower limit applies O sentencing guidelines.