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(영문) 수원지방법원 2013.05.28 2013고단829
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 a BPcar car.

On February 21, 2013, the Defendant driven the said car on February 21, 2013, and driven the said car at a speed of about 70 km per hour from the fest to the sloping-do 456-1, Gyeonggi-gu, Haak-gu, Gyeonggi-do, at a speed of 456-1.

At the time, the road is at night, and there is a change of the lane in the direction of the left-hand side, and therefore, the driver engaged in driving service has a duty of care to change the lane by sending the direction lights, etc. properly according to the road situation and by sending the direction lights, etc. according to the safe speed and method.

Nevertheless, the part of the right-hand door of the D Almata car driven by the victim C, which was driven by the victim C due to the negligence of changing the lane from the three-lane to the one-lane, was received as the front-hand part of the upper-hand part.

Ultimately, by occupational negligence, the victim C suffered injury, such as salt fats, etc., requiring approximately three weeks of medical treatment, and at the same time, the said car was destroyed by approximately KRW 37,182,600 of the repair cost and escaped without taking measures, such as aiding the victim, even though it was immediately stopped.

Summary of Evidence

1. Defendant's legal statement;

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 and 54 (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 imprisonment with prison labor chosen;

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

1. Although the victim's injury was not serious for the reason of sentencing under Article 62-2(1) of the Criminal Act, it is deemed that there was a risk of serious injury to the victim considering the shock level at the time of the instant traffic accident.

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