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(영문) 수원지방법원 2013.03.20 2012고단6229

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight 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 the duty of driving K5 cars.

On September 20, 2012, the Defendant driven the above car at a speed of about 60 km from September 20, 2012, while driving the car at a speed of about 00 km at a speed of about 60 km per hour depending on the two-lanes from the waterside to the waterside.

At the time, a new wall was flowed at the time, and a bended by a bend, so a person engaged in driving service has a duty of care to prevent accidents in advance by taking into account the dynamics of other vehicles in the front bank, and by taking into account the dynamics of other vehicles in the front bank.

Nevertheless, the Defendant neglected this and entered the three-lanes while driving a stroke, which was driven by the victim C(70 years old) prior to the same direction, and did not discover a motorcycle, and received the left part of the above motorcycle from the front part of the above vehicle, and caused the victim to go beyond the floor.

Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the victim, such as cerebrovascular in need of medical treatment for about three months, and at the same time, escaped without immediately stopping the vehicle and taking necessary measures, such as aiding the victim, even though the Defendant damaged the 1,794,000 won, such as penter exchange, before the said motorcycle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition of traffic accidents;

1. 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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selective imprisonment with labor;

1. Voluntary mitigation of the amount of punishment is the confession, reflectiveness, beginning offender, self-denunciation, and victim under Articles 53 and 55(1)3 of the Criminal Act.