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(영문) 수원지방법원 2015.05.20 2015고단860

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight 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 engaged in driving a B-Wood vehicle.

On February 19, 2015, the Defendant driven the said car at around 02:35, and led the side-road 249-gil 38 from the viewing side to the border line.

In such a case, there was a duty of care to take care of the traffic situation in the direction that the driver of the vehicle intends to take back well and to prevent the accident in advance by safely moving back the vehicle.

Nevertheless, the Defendant neglected this and received the back part of the right side of the DNA car driven by the victim C (the age of 35) who followed the Defendant’s vehicle due to the negligence behind the vehicle.

Ultimately, the Defendant suffered injury, such as catitiss, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant escaped without taking necessary measures, such as destroying the said catfin vehicle to the repair cost of KRW 510,158 and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. The actual condition of traffic accidents;

1. A written diagnosis and a written estimate for motor vehicle;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment], and the first type of escape, mitigation area (six months to October) (the special prison) after traffic accidents.