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(영문) 수원지방법원 안산지원 2017.12.14 2017고단3043
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of 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 motor vehicle by borrowing B.

On September 15, 2017, the Defendant driven the above vehicle around 14:42 on September 15, 2017, and led to the speed of about 100 km from Incheon to the Gun rate of 120 km-dong 120 and the 7.4 km-do 7.4 km-dong Highway from Incheon to the Gun rate of 100 km.

At the same time, since there is a large traffic on an expressway, there was a duty of care to prevent accidents in advance by accurately manipulating the steering right and the steering system to a person engaged in driving service.

Nevertheless, the Defendant neglected to operate the steering gear in an accurate manner, and caused the negligence of operating the steering gear over the four-lanes and driving the steering gear over the four-lanes to the above four-lanes of the injured party C(41 tax) driving, which led to the right side of the car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt fat, etc. in light of the trend requiring medical treatment for about two weeks, and at the same time, did not stop immediately to rescue the damaged party, and escaped without taking necessary measures, such as extinguishing the damaged party, even though the Defendant damaged the first car in light of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (the occupation of measures not taken after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service [the scope of recommended punishment], and escape after traffic accidents.

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