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(영문) 수원지방법원 성남지원 2014.08.14 2014고단1444
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

Criminal facts

On June 4, 2014, the Defendant was driving a CEM car as of June 19, 2014, and led to the driving of the CEM car at the speed of 30 km per hour from the stan-dong 9-1-dong of Gwangju City to the front side of the 9-1-dong of Gwangju City.

Since the place is where the center line of yellow-ray is installed, in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the steering direction and operating the steering system of the motor vehicle.

Nevertheless, the Defendant neglected to do so and received the part of the part of the victim's E-Baa in the victim's drive of the victim's D(48 years old) driving on the opposite opposite lane, which was driven by the center line, as the part of the Defendant's motor vehicle left ahead.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer injury, such as salt of a catum, which requires treatment for about two weeks, and at the same time, destroyed the victim’s car to be in excess of KRW 1,918,108, and escaped without any necessary measures, such as providing relief to the victim by immediately stopping the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. A medical certificate;

1. Written estimate;

1. Application of statutes on the site and vehicle photographs related to accidents;

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. Considerations and ages of the defendants, such as the fact that the vehicle involved in an accident is covered by a comprehensive insurance without any weighting injury inflicted by the victim under Articles 53 and 55(1)3 of the Criminal Act, the fact that the vehicle involved in the accident has no record of criminal punishment, the fact that the vehicle recognizes the error and reflects it, etc.;

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