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(영문) 수원지방법원 성남지원 2015.01.29 2014고단2643

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be postponed 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 in a SP area B.

On September 25, 2014, at around 23:15, the Defendant driven a motor vehicle at the above Stwit area in Gwangju City, and proceeded along the two-lane road in front of 336km in front of the 336km road at the Jindo-Eup in Gwangju City, in the direction of the direction of the direction of the port, and entered the Do-ju rest, and continued in accordance with the above Do-ju rest area.

At the time, it is night and a place where a vehicle is parked, so there was a duty of care to prevent accidents in advance by seeing the front door and accurately manipulating the steering and steering devices for drivers.

Nevertheless, the Defendant neglected to do so and was negligent in driving the stroke, thereby driving the victim C, who was parked in the above stroke rest, and received the part of the stroke, following the left-hand side of the stroke car driven by the victim C, as the front-hand part of the car on the right-hand side of the Defendant’s driving.

The Defendant, through occupational negligence above, suffered injury to the victim, such as spawn spawn, etc. which requires treatment for about three weeks, and the repair cost, such as 1,558,948 won, such as the exchange of spawn vehicles, was destroyed to the extent that the spawn 1,558,948 won, and escaped without taking necessary measures, such as aiding the victim

Summary of Evidence

1. Defendant's legal statement;

2. C’s statement;

3. A survey report on actual condition;

4. Application of 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, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

2. Article 40 and Article 50 of the Criminal Act, the choice of sentence, and the choice of imprisonment.

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

4. Article 62 (1) of the Criminal Act on the suspension of execution (it shall not have any record of punishment heavier than a suspended sentence, not heavier than the extent of damage, and consideration of subscription to a comprehensive insurance);

5. Social service order under Article 62-2 of the Criminal Act;