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(영문) 수원지방법원 2016.04.28 2015고단6018
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 a period of 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 in C SP area.

On November 2, 2015, the Defendant driven the said car without a driver's license on November 22, 2015, and proceeded at a speed of about 20 km from the flood of the water-based middle school to the north market at the speed of about 20 km from the water-based middle school.

Since the place was an intersection without signal, there was a duty of care to drive a car in such a case by reducing the speed or temporarily stopping the right and the right of the person who is engaged in driving the car through the intersection, and thus, there was a duty of care to drive the car with the opposite direction or the right and the right.

Nevertheless, when the Defendant neglected to do so and was negligent, the Defendant received the front part of the front part of the last vehicle on the right side of the driver’s car, which was driven by the victim E (55 years) who was making a temporary stop at the Roman intersection. The Defendant received the front part of the said driver’s car on the left side of the said Switzerland.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during about two weeks of medical treatment, and at the same time, the Defendant, while destroying the repair cost of the first car to the extent of KRW 12,220,010, was immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after the accident)

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommended punishment] does not apply to regular concurrent crimes.

[Pronouncement of Punishment.]

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