beta
(영문) 수원지방법원 2013.04.24 2013고단144

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 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 in the BELA car.

On December 20, 2012, at around 18:50 on December 20, 2012, the Defendant, without a license to drive a vehicle, proceeded ahead of the mix 28-1 in the Yannam-Eup, Chungcheongnam-do, in the speed of about 50 km from the surface of the arms to the surface of the air at a speed of 20 km.

At the time, there is a night and a place where the center line of yellow-ray is installed, so a person engaged in driving a motor vehicle has a duty of care to thoroughly drive the motor vehicle on the front side and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and got the left-hand side of the DNA car driven by the victim C (I 38 years old) (I am, I am, I am, I am, I am to the left-hand side of the Defendant’s driving vehicle.

The Defendant, by such occupational negligence, caused the victim to suffer injury to cerebrovasculars, etc. requiring medical treatment for about four weeks, and at the same time, did not immediately stop the damaged vehicle so that the amount equivalent to KRW 3,750,000 is damaged and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of actual conditions and a traffic accident;

1. C’s statement;

1. A written diagnosis and written estimate;

1. Application of the statutes on the register of driver's licenses;

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, Article 152 subparagraph 1 and Article 43 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 each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) of the Criminal Act, including confession, reflectivity, and the fact that an agreement has been reached with the victim);

1. Article 62(1) of the Criminal Act provides that the Defendant is the Suwon District Court on November 23, 2012.