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(영문) 수원지방법원 2015.12.17 2015고단4453
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 K3 car.

On September 13, 2015, the Defendant driven the above K3 car around 08:20 on September 13, 2015, and led to the transfer distance at the Drama Center, which is located in the transfer road of Suwon-gu, Suwon-si.

It is a place where a signal, etc. is installed, so the driver of the vehicle has a duty of care not to interfere with the traffic of the vehicle that is being driven in accordance with the straight line and the right and the right when bypassing to the person engaged in driving the vehicle.

Nevertheless, the Defendant violated the State’s duty and failed to properly examine the vehicles running under the new heading, and the Defendant’s negligence in the course of business bypassing the vehicle without properly examining the vehicle under the new heading, and shocked the front door of the CEX car, which was proceeding to cross-section in accordance with the new heading from the viewing distance, into the front part of the K3 car.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim D (year 43) and the victim E (year 50) who is a driver of the EXE car, without immediately stopping the car and taking necessary measures, such as providing relief to the victim, even though it damages the amount equivalent to KRW 2,098,338 for repair costs, and at the same time, the Defendant destroyed the car to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of victim of the F;

1. The actual condition survey report;

1. Photographss and photographs at the scene of the accident by cutting down the Defendant vehicle booms images;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the investigation report (reasons attached to a written estimate);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of view of failing to take measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation;

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