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(영문) 수원지방법원 2014.07.16 2014고단1184
특정범죄가중처벌등에관한법률위반(도주차량)등
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A defendant shall be punished by imprisonment for six months.

except that 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 of a motor vehicle at a low price.

On December 21, 2013, the Defendant: (a) 07:10 on December 21, 2013, the Defendant: (b) obstructed the median distance from the horizontal bus terminal to the median distance; and (c) caused F, who was driving a Ebbbr vehicle on the opposite part, to avoid one lane on the other immediately preceding the collision; (d) caused F, who was driving a Ebr vehicle on the opposite part, to conflict with the right side of HM3 vehicle of the victim G (5 years old) and the cargo vehicle.

Ultimately, the Defendant suffered from a light fluoral fluor, which requires treatment for about two weeks by occupational negligence as above, and at the same time, escaped without causing damage to 752,966 Won, SM3 Automobile Repair Cost, and 1,528,056 Won for SM3 Automobile Repair, and without taking relief measures.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. The actual condition of traffic accidents;

1. Statement of the police statement concerning F;

1. G statements;

1. Written estimate;

1. A medical certificate;

1. According to the images of the black boxes and video CDs, the Defendant may recognize the fact that the Defendant started to stop and stop the bring immediately after the collision between the bring vehicle and SM3 vehicles. Accordingly, according to this, the Defendant seems to have been aware that the said traffic accident occurred due to his own act at that time.

Application of Statutes

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;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. The agreement with the victims under Article 62(1) of the Criminal Act and the degree of injury of the victims are insignificant.

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