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(영문) 수원지방법원 평택지원 2015.01.23 2014고단1820

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 one year 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 B-Wood vehicle.

On November 12, 2014, the Defendant driven the above car at around 23:05, and came to turn to the left from the front side of the Cheongok-do Office of Song-si, which is located in Pyeongtaek-si and Seo-si.

At the same time, there is no signal, so in this case, the driver has a duty of care to check the right and the right and the right and the right of the driver prior to the left and to turn to the left, and to turn to the left.

Nevertheless, the defendant neglected to turn to the left as it was due to the occupational negligence of the defendant's driving of the victim C(49 years of age) driving on the right side from the left side of the running direction of the defendant.

As a result, the Defendant suffered two parts of the victim’s medical treatment for about two weeks due to the above occupational negligence, and at the same time, the Defendant did not stop the above 765,000 won at the repair cost, such as the exchange of backbus, and escaped without taking necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written diagnosis and written estimate;

1. Application of statutes on site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant recognized the facts charged in the instant case and reflected his mistake, the defendant's driver's vehicle is covered by the comprehensive motor vehicle insurance, and only agreed with the victim.