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(영문) 수원지방법원 2014.06.12 2014고단1230
특정범죄가중처벌등에관한법률위반(도주차량)등
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A defendant shall be punished by imprisonment for not less than eight 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 of Done Star Co., Ltd.

On October 21, 2014, at around 21:50, the Defendant driven the said combined vehicle at a speed of 0.175% with a blood alcohol concentration of 0.175%, and proceeded at a speed of about 40 kilometers per hour among two-lanes in the front of the school, which is located in the area where the wife population is allowed at the time of tolerance, in front of the school, which is located in the area where the wife population is moving from the Western-ri area where the wife population is moving.

Since this is a bend road where a central line is installed, the defendant engaged in driving of the motor vehicle has a duty of care to thoroughly see the front line and to safely operate the motor vehicle.

Nevertheless, the Defendant neglected this and went to the right side of the F Mtz car driven by the victim E (V, 43 years old) who was driving on the right side of the vehicle, due to the negligence of driving the central line at Mtz car, in the direction of the right side of the vehicle.

At the same time, the Defendant, by negligence on duty, sustained bodily injury, such as spawn spawn spawn, which requires treatment for approximately two weeks, and at the same time, escaped without taking measures, such as providing relief to the injured vehicle, even though spawn spawn 1,407,437.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. A report on the state of the operation of a motor vehicle;

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, Article 268 of the Criminal Act, Articles 148, 54 (1), 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act:

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