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(영문) 수원지방법원 2014.05.28 2013고단6004
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 engaged in CM5 siren driving.

On August 30, 2013, the Defendant driven the above vehicle around 14:15, and stopped the three-lane road in front of the 227-5-dong, Sinwon-gu, Sinwon-si, via a signal signal signal line from the direction of the Suwon Police Station in the direction of viewing the three-lane road.

In this case, the driver of a motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle and to prevent accidents by checking the boom and the left and right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so, and neglected to do so, and received the victim D (W, 46 years old) E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in light of the trend that requires treatment for about two weeks, and, at the same time, destroyed the above Aburged vehicle and escaped without taking necessary measures, such as providing relief to the victim, so that repair costs equivalent to KRW 323,246, such as exchange of a pan-furged vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A traffic accident report (1), (2);

1. A medical certificate;

1. Certificates of hospitalization;

1. According to the evidence of the written estimate, the defendant did not take any particular measure despite the awareness of the occurrence of the accident, and the defendant's intention to escape from the place of accident is recognized as a criminal defendant.

Application of 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. Discretionary mitigation Criminal Act;

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