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(영문) 수원지방법원 2013.07.18 2013고단1721
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 knife vehicle.

Around 05:20 on March 9, 2013, the Defendant driven the above van, which is a unit of Gyeonggi-gu, Young-dong, Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, and led the front road of the Hyundai Motor Service Center to proceed at an insular speed according to three-lanes from the water source to the new distance outflow.

A person engaged in driving of a motor vehicle has a duty of care to see the front side and maintain the distance with the front and to drive the motor vehicle safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and went on emergency lights in front of the Defendant’s proceeding direction, and shocked the part of the victim C(the age of 30) who was under the stop, following the rocketing car of the victim C(the age of 30) to the front part of the said van.

Ultimately, the Defendant, by negligence in the course of performing such duties, sustained injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as aiding the victim, even though the said vehicle was damaged to cover approximately KRW 1,715,746 for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. Application of the written estimate 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 crime;

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. Criminal law, such as the fact that the defendant under Article 62-2(1) of the Criminal Act applies to an order to attend a lecture, the fact that he/she was punished for a traffic accident while driving under drinking, the fact that he/she was driving under drinking at the time of the instant accident, the fact that the victim was not injured, and the fact that the defendant's driver's vehicle

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