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(영문) 수원지방법원 2013.08.21 2013고단2538
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 the business of driving Grandroth freight vehicles B.

On March 15, 2013, the defendant driving the above cargo vehicle around 16:35, and driving the two-lane road in front of the Sharing Oil station in Suwon-si, Suwon-si, Suwon-si, Gyeonggi-do, under 889, at about 20 km each hour from the surface of the mouth to the parallel distance.

Since the victim C (the age of 83) was followed by the motor bicycle driven by the victim C (the age of 83) in the same direction, in such a case, there was a duty of care to safely proceed by accurately operating the steering wheel and brakes.

Nevertheless, the Defendant neglected to do so and did not look at the front side of the vehicle and proceeded as it was by negligence, and received the rear part of the motor bicycle driven by the victim, which was driven by the victim, as it was.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately three weeks of medical treatment, and at the same time, destroyed the above motorcycle to have the amount equivalent to KRW 715,00,00, and escaped without immediately stopping and taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. Written estimate;

1. Application of each statute on photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., confession, reflectivity, the fact that the insured is covered by comprehensive insurance, and the victim does not want to be punished);

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

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