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(영문) 수원지방법원 2014.12.10 2014고단5696

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 of B character car.

On July 23, 2014, the Defendant driven the above vehicle on July 22:3, 2014, and proceeded with the intersection of the private distance of the Sinri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si

At all times, it is necessary to check whether a person engaged in driving on the road section of a private-distance intersection with a signal, etc. has a duty of care to reduce the speed and to check the front side well to check whether there is a vehicle passing through the intersection, and to safely drive the traffic signal in order to prevent the accident in advance.

Nevertheless, the Defendant neglected this and went away without stopping the damaged vehicle, even though the victim C (the 50-year-old driver) driven by the victim C (the 50-year-old driver) was driven by the front part of the Defendant’s vehicle in front of the left part of the rocketing car, and caused the victim’s injury, such as an unidentified in detail requiring treatment for about 3 weeks, and at the same time, destroyed the damaged vehicle with approximately 6,114,958 won of the repair cost, and failed to take measures such as providing relief to the victim, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each traffic accident report;

1. A medical certificate;

1. Application of the written estimate 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) 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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (including the fact that there is no special criminal record other than the one-time fine, the victim's injury is relatively minor, the victim is covered by a comprehensive insurance, and his/her mistake is divided);

1. The reason for sentencing under Article 62(1) of the Criminal Act (resumed for the foregoing reason) is as follows.