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(영문) 수원지방법원 2014.12.24 2014고단6461

특정범죄가중처벌등에관한법률위반(도주차량)등

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

The defendant is a person who is engaged in driving a Bsch Rexroth car.

On October 18, 2014, at around 02:15, the Defendant driven the above car and proceeded ahead of 30-lane 1517, Young-gu, Young-gu, Suwon-gu, Suwon-gu, with the wall park shooting range from the wall park shooting range to the wall park shooting range, and turn to the left.

In such cases, the driver of a motor vehicle who intends to make a left-hand turn at the intersection is an intersection where the yellow light signal is installed, and there was a duty of care to prevent accidents in advance by yielding the way to another vehicle that is straight through the intersection.

Nevertheless, the defendant neglected to turn to the left as it is and the victim C (53 years old) driven by the injured party C(53 years old), who is driving, conflict with the front part of D-si's right side of D-si, which is driving by the injured party C(53 years old).

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim C with salt and tension in need of approximately three weeks of medical treatment, and at the same time, did not immediately stop the said taxi and escape without taking measures, such as providing relief to the victim, even though the Defendant damaged the property to cover repair costs equivalent to KRW 3,325,178.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. C’s statement;

1. A medical certificate;

1. Application of written estimate of general repair costs to Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Reasons for sentencing under Article 62(1) of the Criminal Act (recognating for the foregoing reasons) (Special Sentencings): When minor injuries have occurred (one and two categories).