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(영문) 수원지방법원 평택지원 2017.09.13 2017고단1314
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 of a car in the D SP area.

On May 2, 2017, the Defendant driven the above vehicle around 14:02, and led to the two-lanes at the entrance of the galle of the galle of Pyeongtaek-si, G-6 square meters at the entrance of the galle of Pyeongtaek-si.

Since there is an intersection where a signal, etc. is installed, the driver of the motor vehicle has the duty of care to prevent the traffic accident by safely driving the signal, etc. with a person engaged in the driving of the motor vehicle, by taking the front, left, and left well, and driving the motor vehicle safely.

Nevertheless, the defendant neglected this and caused the victim E (V, 81 years old)'s bicycle front part of the driver's license to shock the front part of the signal, etc. with the front front part of the driver's license, which was immediately driven by the signal, etc., despite the fact that the signal, etc. was stopped by violating the signal.

Ultimately, the Defendant, due to the above occupational negligence, inflicted injury on the victim, such as cutting off fladululization on the right side in need of approximately 10 weeks of treatment, and at the same time, the Defendant escaped without taking necessary measures, such as stopping and saving the victim, even though the repair cost, such as the replacement of a stacker, damages the bicycle to the degree of 690,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A medical certificate;

1. Written estimate;

1. Application of each statute on photographs;

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, Articles 148 and 54 (1) of the Road Traffic Act (the point of not taking any measure after property is damaged);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1.Article 62(1) of the Criminal Code of the Suspension of Execution (As follows, repeated consideration).

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