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(영문) 수원지방법원 2015.09.16 2015고단2782
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

At around 23:50 on May 17, 2015, the Defendant driven the above car and driven the four-lane road in the sphere D at Suwon-si, the Defendant left the right to the right to the right to the opposite children's park.

Since the left-hand turn is a prohibited area, there was a duty of care to make a left-hand turn to the driver of the vehicle.

Nevertheless, the defendant neglected to turn to the left as it is and neglected, and caused the front wheel part of the Fmotor bicycle driven by the victim E (the age of 19) who was driven in accordance with the new subparagraph in the front part of the vehicle driven by the defendant by negligence.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the above victim E, such as the removal of the franchisium, which requires treatment for about six weeks, and at the same time, did not stop the above motorcycle so that the repair cost of KRW 2,55,000 is damaged, and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G traffic accident-related statements;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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 (a measure not taken after causing a loss by negligence);

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act ( considered favorable to the reasons for both punishment): The defendant shall turn to the left and make the instant traffic accident to the left.

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