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(영문) 수원지방법원 평택지원 2015.10.22 2015고단1189
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 Bchip car.

On July 5, 2015, at around 05:45, the Defendant came to turn to the left at a speed below the boundary of the Hangyeong University, from the intersection of the Hangyeong University, a one-lane of the gold Sasan Sasan Sag, which is in line with the safeness of Gyeonggi-do.

At this point, there was another motor vehicle waiting to enter the intersection, so there was a duty of care to check the right and the right and the right and the right and to turn to the left before they turn to the right and to turn to the left.

Nevertheless, the defendant neglected this and received the front part of the registration 100 Oral Seas which the victim C (year 74) drives in order to enter the intersection by the left side of the said car due to the negligence of left-hand turn.

Ultimately, the Defendant, by such occupational negligence, sustained injury, such as cutting the boness of the boomed bones, which requires medical treatment for about five weeks, and at the same time, 5.40,000 won for repair, such as the exchange of hand-on, did not immediately stop the vehicle to the extent that the Defendant destroyed the above breab and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on accident site and photographs of accident vehicles;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination on the application of sentencing guidelines to the reasons for sentencing under Article 62-2 of the Criminal Act: The scope of recommending sentencing guidelines to apply the lower limit: The first type of escape after traffic accidents;

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