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(영문) 수원지방법원 2015.06.11 2015고단1260
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

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 B-Wood vehicle.

On March 19, 2015, at around 09:40, the Defendant driven the said Ampurd-purd-purd-pured-pured-pured-car, and led to the intersection of 203 east-gu, the local government, at the time of harmony, toward the nurging-down.

Since there was an intersection where traffic signal was installed, a person engaged in driving a vehicle has a duty of care to safely drive the vehicle in accordance with the signals while reducing the speed of the vehicle and driving it slowly.

Nevertheless, the Defendant neglected this and found at the latest the C Ethr motor vehicle to turn left from the Tthropic fire station to the Tthropic fire station in accordance with the new code by negligence in violation of the signal, and shocked the left part of the Ethropic motor vehicle by the front part of the Ethropic motor vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim D (the 60-year-old driver), who is a driver of the marina car, due to brain death, etc. requiring a two-day medical treatment, and at the same time, escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the victim, while destroying the math car to cover KRW 2,649,28, such as the front glass, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Photographs (accident site, etc.);

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and 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 (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of imprisonment with prison labor chosen;

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

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

1. The Criminal Act;

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