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(영문) 수원지방법원 성남지원 2014.09.30 2014고단1392
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.However, the execution of the above imprisonment 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 a C T-Co car.

On April 6, 2014, the Defendant, without a driver’s license around 17:20 on April 6, 2014, operated the said car without a mandatory insurance policy, and proceeded ahead of the member Park, which is located in 1811, Jung-gu, Sungnam-gu, Seoul, Seoul, into the front of the second public parking lot.

In such cases, the driver has a duty of care to confirm and proceed with the safety of the course by properly examining the right and the right of the front side.

Nevertheless, the Defendant neglected this and proceeded as it is, while driving at the front, received the back portion of the E-A-car driven by the victim D, which was driven by the victim D.

The Defendant, by its occupational negligence, inflicted injury on salt, tension, etc. of the entire species of the horse that requires treatment for about two weeks on the victim, and inflicted injury on the victim F, who was on a car using the vehicle, such as base salt, tension, etc. requiring treatment for about four weeks, and went away without immediately stopping the car to ensure that the repair cost of the car is 49,380 won, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

2. Statement made by the police against D;

3. Each written diagnosis;

4. Application of the statutes governing a written estimate.

1. Article applicable to criminal facts;

(a) Article 5-3 (1) 2 and Article 268 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) Articles 148 and 54 (1) of the Road Traffic Act;

(c) Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

(d) Article 151 of the Road Traffic Act;

(e) Articles 46(2) and 8 of the Guarantee of Automobile Accident Compensation Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each sentence of imprisonment;

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

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

6. Article 62 (1) of the Criminal Act;

7. The Criminal Act of the community service order.

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