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(영문) 수원지방법원 안산지원 2018.03.21 2018고단331
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 CK7 cars.

On December 24, 2017, the Defendant made the left turn at a speed of 30 km per hour from the border of the central station at the intersection of the front of the terminal, along with the parallel of the square distance in front of the terminal, at the speed of 17:30, Ansan-si, Ansan-si, Ansan-si, Sinsan-si.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the defendant neglected this and neglected to turn to the left, and received the full part of the part of the victim D's U.S. E, which was sent to the right from the left-hand side of the defendant's right-hand side of the victim's D's U.K. as the left-hand side of the above K7 car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, and at the same time, destroyed the above 2,573,00 won for repair, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting of a traffic accident (1) (2);

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (do referred to as "main sentence"), Article 148 of the Road Traffic Act, and Article 54 (1) (or choice of imprisonment without labor after an accident) (Article 5-3 (1) 2 of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes;

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

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (a) of the suspended sentence for the following reasons: (a) there is no criminal record on the defendant; (b) the insurance money was paid after being subscribed to a comprehensive insurance, but the crime in the place of escape is strictly punished; and (c) the victim has not been agreed with; (d)

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