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(영문) 수원지방법원 2015.04.09 2015고단384
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 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 a dump truck.

On January 16, 2014, at around 07:20, the Defendant driving the above truck, and driving the DNA oil station located in Young-gu, Young-gu, Young-si C on one-lane the front of the Down-gu, Young-gu, Young-do, G.

The lanes have changed to two lanes.

In this case, the defendant who is engaged in driving of a motor vehicle has a duty of care to inform the direction change to direction direction etc. in advance and to change the lanes safely by keeping the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and tried to stop immediately to change the two lanes from the first lane to the second two lanes, and to escape without taking necessary measures, such as providing rescue to the victim F, who is a driver of the rocketing passenger vehicle, by shocking the back part of the rocketing passenger vehicle, which was proceeding on the left side of the said truck with the front part of the right side of the said truck. In addition, it is difficult to inflict an injury on the victim F, who is a driver of the rocketing passenger vehicle, such as salt, tension, etc., which requires approximately two weeks of treatment, and at the same time, damage the rocketing passenger vehicle to have approximately KRW 6,754,750 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) and a traffic accident report (2);

1. Photographs of the scene of the accident, photographs of the skin, and photographs of the damaged vehicle;

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, 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 (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of imprisonment with prison labor chosen;

1. The fact that the criminal defendant reflects his or her wrongness under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and that there are many criminal records but there are no criminal records for the same kind of crime.

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