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(영문) 수원지방법원 2014.10.15 2014고단4394
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

except that 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 engaging in driving a rocketing car.

On March 14, 2014, the Defendant driven the above car and proceeded ahead of Samsung apartment, which is located in Pyeongtaek-si in Pyeongtaek-si, at the speed of two lanes in the middle of the 3-lane between the glive market and the glive slope.

At the time, since the vehicle was at night and the above vehicle was in progress, there was a duty of care to reduce the speed and to safely drive the vehicle by properly examining the rear side.

Nevertheless, the Defendant neglected this and went back to the right side of the said car while parking the truck on the three-lanes of the said road, and got off the two-lanes of the victim D (age 58).

The Defendant, by its occupational negligence, immediately stopped the victim and escaped without taking measures, such as aiding and abetting the victim, even though he/she suffered from an injury to the victim of a 10-day therapy, which requires medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. The actual condition of traffic accidents;

1. Statement of the police statement of E;

1. Each written diagnosis;

1. According to the evidence of each of the above photographs, the defendant's driver's vehicle appears to have suffered a significant impact on the victim's shock, and even though the defendant was in distress, he was unable to hear the shock.

Even though it seems that what was shocked, it seems to have been frighted to some degree.

Nevertheless, it is reasonable to view that the defendant's stopping at the site and leaving the site without confirming whether the accident occurred, etc. is the escape.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 5-3 (1) 1 of the indictment) against criminal facts and Article 268 of the Criminal Act shall be sentenced to imprisonment with labor.

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