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(영문) 수원지방법원 2014.09.04 2014고단3374
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 car with B or a car.

On May 24, 2014, at around 03:20 on May 24, 2014, the Defendant driven the said car, and proceeded along the six-lane road in the direction of the six-lane in the city of Yeongdeungpo-gu, Chungcheongnam-gu, Chungcheongnam-dong, Chungcheongnam-gu, Chungcheongnam-dong, Chungcheongnam-do, with a fishing distance range rangeing from the shooting distance away from the shooting distance.

At the time, the two-lanes of the victim C(14 years of age) and the victim D(15 years of age) are proceeding prior to the two-lanes. Therefore, when changing the two-lanes from the one-lane to the two-lanes, the two-lanes of the front line were well examined, and there was a duty of care to change the two-lanes while maintaining a sufficient distance from the above two-lanes.

Nevertheless, the Defendant neglected this and caused the victims to go beyond the road by shocking the left part of the vehicle's left part of the vehicle on the back part of the vehicle's left part by negligence.

As a result, the Defendant suffered injury to the victims, such as brain-dead, which requires approximately three weeks of medical treatment, due to such occupational negligence, and at the same time, the Defendant escaped without immediately stopping the above Oral Ba while destroying it to ensure that it would amount to KRW 2,181,00,000, and without taking measures, such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement made to D, E, and F;

1. The actual condition survey report;

1. Application of each written diagnosis and written estimate under Acts and subordinate 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 criminal facts;

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

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 reason for sentencing of Article 62-2(1) of the Criminal Act is that the defendant reflects his mistake.

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