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(영문) 수원지방법원 성남지원 2017.07.13 2017고단949

특정범죄가중처벌등에관한법률위반(도주치상)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 the business of driving Bran-do taxi.

On March 30, 2017, the Defendant driven the above car at around 08:10 on March 30, 2017, and moved to the front road of the village hall 179 No. 19 ri-ri-ri-ri-ri-ri-ri-ri-ri-si in Gwangju-si.

Since there are many places of vehicle traffic, there was a duty of care to safely proceed in accordance with traffic signals by reducing speed and checking the front and rear left of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and tried to escape without immediately stopping the damaged vehicle to rescue the victim E (the victim E (the 15 years old), who is the passenger of the said victim, the victim E (the 15 years old), the victim F (the 15 years old), and the victim F (the 15 years old), who is the passenger of the victim's vehicle driving at the Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don., while the Defendant was driving, the Defendant was driving the Don Don nn Don Don Don Don Don Don Don Don Don-do n.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of E and F;

1. A survey report on actual conditions;

1. Each written diagnosis and written estimate for repair;

1. Application of Acts and subordinate statutes to photographs of the scene of accident, photographs of the front number plate of the removed vehicle, and 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, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts (the point of view of failing to take measures after an accident) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 of the Criminal Act: