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(영문) 수원지방법원 2015.01.15 2014고단6304

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

On September 24, 2014, at around 00:20 on September 24, 2014, the Defendant driven a B bargaining vehicle as a job, and led the Defendant to drive three-lanes in front of the Hanwon Village Commercial Building, as the instrument of Young-gu, Young-si.

In such a case, a person engaged in driving service has a duty of care to safely drive by accurately operating the steering wheel and brake system.

Nevertheless, the Defendant was negligent in driving a vehicle while driving it on the right part of the Defendant’s vehicle due to negligence and received the back part of the D vehicle driven by the victim C(28 years old) who was standing on the front side of the vehicle.

The Defendant, by occupational negligence, caused the victim to suffer from a bruption of a dub that requires medical treatment for about three weeks, and at the same time, did not immediately stop the damaged vehicle to the extent that it damages the repair cost of KRW 3,695,615 and runs away without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report;

1. Investigation report - Application of the Acts and subordinate statutes to submit a medical certificate and written estimate for victims;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2(1) of the Criminal Act provides that the sentencing guidelines do not apply as they are, for reasons of the sentencing of Article 62-2(1) of the Criminal Act, that the defendant reflects his/her mistake, that there is no record of punishment exceeding the fine, and that the defendant constitutes recommended commercial concurrent crimes according to the sentencing

The automobile comprehensive insurance (the first type (the escape after the injury) shall be the basic area (the period between August and June), the special person (the period between August and June), and the automobile comprehensive insurance.