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(영문) 수원지방법원 2016.04.14 2015고단6336

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six 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 of a B B-S car.

On December 16, 2015, the Defendant proceeded at a speed of about 50 km in Si speed from the air room of Heung-gu Seoul Metropolitan Government CD Mtri-gu to the 3rd line road from the air room of Heung-gu elementary school to the claim apartment.

At this point, it is a bend road with the right side of the one-way line, and there is a traffic sign called "astronomical" along with the speed prevention threshold, so a person engaged in driving duty has a duty of care to reduce speed and to operate the steering gear well and prevent accidents by manipulating the steering gear.

Nevertheless, the Defendant did not neglect the above duty of care and carried out the same direction as before the direction of driving in the direction of driving, while driving in the same direction as before the direction of driving in the direction of driving, and the part of the Defendant, after the left side of the FSM3 car of the victim E (MM3) driving, was shocked with the front part of the right side of the said small-scale car.

As a result, the Defendant suffered from an injury, such as light salt, which requires treatment for about two weeks, and even though the said SM3 car was damaged to repair 342,564 won, the Defendant stopped immediately and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on occurrence;

1. Application of Acts and subordinate statutes to a report on investigation (a written diagnosis and written estimate);

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 (the point of failing to take measures after the accident)

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 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommended punishment] is an ordinary concurrent crime.