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(영문) 수원지방법원 평택지원 2016.03.24 2015고단1899

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

However, the execution of the above punishment 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 who is engaged in driving a car at a horse in B.

On November 20, 2015, the Defendant driven the above car at around 21:00, and made the turn to the left at the 119 Center from the inside of the 119 Center at the front of the 119 Center at the front of the 8-lane 48 at the front of Pyeongtaek-si.

At the time, at night, and its location was a private-distance intersection where signal lights are installed, so in such a case, there was a duty of care to thoroughly see the front hour to a person engaged in driving of a motor vehicle and safely proceed in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected to turn to the left even though the above cross-section signal was turned to the left, and the Defendant received the driver’s bicycle riding machine of the victim C(33 ) driving engine from the opposite line to the string line, which was going to the string post office at the distance of the road, as the front part of the said car.

As a result, the Defendant suffered from the victim’s negligence in the course of performing the above duties for about two weeks in an internal area where treatment is required, and at the same time, the Defendant escaped without making necessary cooking, such as aiding and abetting the damaged person by stopping, even though the Defendant damages the bicycle 1,361,00 won for repairing the bicycle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A survey report on actual conditions;

1. The venue of the accident and the photograph of the damaged stobane;

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

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 (elective of imprisonment)

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the observation of protection and application of sentencing guidelines in Article 62-2 of the Criminal Code of the Social Service Order: the lower limit is zero.