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(영문) 수원지방법원 성남지원 2015.08.20 2015고단1157

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten 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 Bchip car.

On April 16, 2015, the Defendant driven the above car on April 16, 2015, and came to turn to the left from the Do road distance from the Do road to the Do road, depending on one-lane of the third-lane of the 3rd line, which is the distance of 104 east-gu, Sungnam-gu.

In this case, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely according to good faith.

Nevertheless, the Defendant neglected this and received the front portion of the victim C(56 years old) driving at the village or tunnel from the right-hand side of the moving direction to the village or tunnel, which is the left-hand side of the moving direction, due to the negligence in violation of the signal while the Defendant neglected the left-hand turn, and received the front portion of the victim C(56 years old) driving.

The Defendant, by its occupational negligence, destroyed the victim C and the victim E (V, 24 years old-old), who is the son of the said rocketing taxi, respectively, for about three weeks of medical treatment; suffered from the injury of the climatic cliff, etc. requiring approximately two weeks of medical treatment to the same passenger F (V, 18 years old-old), and escaped without taking necessary measures, such as immediately stopping the said rocketing taxi driver, etc. to ensure that the amount of KRW 19.30,000 won is equal to the repair cost, and immediately stopping the said strawer, etc. and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. Each statement of E and F;

4. Reports on traffic accidents;

5. Application of Acts and subordinate statutes of each written diagnosis;

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 criminal facts;

2. Commercial concurrences, and the choice of punishment, Articles 40 and 50 of the Criminal Act, the choice of limited imprisonment.

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

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