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(영문) 수원지방법원 여주지원 2016.08.24 2016고단373
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On March 28, 2016, the Defendant driven the above car at around 16:15, and the south Eup/Myeon, at the time of inn, proceeded with the first lane of the bus stop at the 1st century, in front of the instant bus stop at the Yriri-ri, the speed of about 70 km from the girst to the girical side.

In this case, the driver has a duty of care to live well in the front and to ensure the safety distance from the front and to prevent the accident by driving the vehicle.

Nevertheless, the Defendant neglected to do so and failed to secure the safety distance with the victim C(46 tax) XG car operated by the victim C(46 tax) who was driving on the front of the Defendant, and was driving by negligence, received the back part of the car XG car in the front part of the said Lone Star TG car.

After all, the defendant, by these occupational negligence, suffered injury to the victim C, such as salt ties and tensions, etc. of the species before the light-line medical treatment for approximately two weeks, and injury to the victim E (V, 73 years old) who was boarding the above Trash XG car, such as salt ties and tensions, etc. of the species before the light-line medical treatment for about two weeks, and the victim E (V, 73 years old) went away from the site without taking necessary measures, while she talked about the handling of the accident with the victim and escaped.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment].

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