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(영문) 수원지방법원 평택지원 2012.10.30 2012고단1114

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a B Abdol XD car.

On July 8, 2012, the Defendant, without obtaining a driver's license on July 13, 2012, led to the right bypassing the lower-North three roads on the one side of Pyeongtaek-si into the lower-side surface of the river.

At the same time, the victim C(the age of 47) who temporarily stops in order to circumvent before the Defendant’s vehicle was driving a Drocketing car, so there was a duty of care to prevent accidents by accurately operating and safely operating the steering gear, brakes, etc. after temporarily stopping the vehicle to the person engaged in driving the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to bypass the vehicle as it is, and received the back part of the said rocketing passenger vehicle from the Defendant to the right part of the vehicle at the right part of the Defendant’s Asturged vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed and escaped the victim C, without taking necessary measures, such as destroying the said rocketing car and providing relief to the victim E, even if he/she destroyed the victim, with approximately 1,548,272 won of repair cost, which requires approximately 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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), subparagraph 1 of Article 152 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 imprisonment with prison labor chosen;

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

1. The favorable reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows.