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(영문) 수원지방법원 2013.09.11 2013고단2829
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 driving a low-speed car B.

At around 22:30 on April 1, 2013, the Defendant proceeded ahead of the three-lanes in the three-lanes of Suwon-si, Suwon-si, with the three-lanes of the emergency runway three-lanes, the two-lanes of the two-lanes.

At the time, it was difficult at night to see that there was a vehicle that had been driven prior to the front door, and thus, a person engaged in driving business has a duty of care to prevent accidents due to thorough operation of the front door and accurate operation of steering devices and brakes.

Nevertheless, the Defendant, by negligence, found Done Star Car which was driven by the victim C (year 57) who was in the front of the signal signal at the front of the vehicle due to negligence and failed to avoid it, thereby receiving the front part of the said one as the front part of the said one.

As a result, the Defendant, by the above occupational negligence, destroyed the victim E (V, 53 years old), the victim F (n, 26 years old), and the victim G (n, 26 years old), suffered from the victim H (n, 2 years old) two sides requiring two-day medical treatment for about two weeks, at the same time, did not take necessary measures, such as immediately stopping the said Lone Star car to cover KRW 789,323 for repair costs, such as the exchange of vehicle air carriers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition of traffic accidents;

1. Each written diagnosis;

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 committed;

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

1. The confessions and reflects made under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;

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