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(영문) 수원지방법원 안산지원 2017.02.09 2011고단577
특정범죄가중처벌등에관한법률위반(도주차량)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 Dsch Rexton car.

On February 9, 2011, the Defendant driven the said car at around 13:00, and moved the intersection of the road in front of the E in front of the Singu Park to the slope of the Singu Park at the jurisdiction of the Singu Park. The Defendant, by occupational negligence, caused the victim F ( South, 32 years old) who was directly under the jurisdiction of the Singu Fire Agency from the front of the Singu Fire Agency due to the failure to properly operate the steering direction and brake system without looking at the right and the right and the right and the right and the right and the right are shocked by the front of the Singu Fire Agency.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately two weeks of medical treatment, and at the same time, the Defendant did not take necessary measures, such as destroying the said A-to-pur-pur-purged car so as to cover KRW 1,146,780 for repair and aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of written diagnosis and written estimate for motor vehicles;

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 (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the injury from duty) concerning the crime;

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. The reason for sentencing under Article 62-2 of the Criminal Act, including an order to attend a lecture and an order to attend a community service order, even though the defendant had not been present in this court for a long time and the defendant has not reached an agreement with the victim, it is recognized that the defendant recently appeared in this court and led to the appearance of the defendant to confession and reflect the crime of this case. On the other hand, the defendant deposited KRW 3 million with the victim after the prosecution of this case, the defendant has no criminal record of the same kind, and other various matters, such as the defendant's age, occupation

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