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(영문) 수원지방법원 성남지원 2016.03.24 2015고단2943
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On October 1, 2015, the Defendant came to turn to the left on the front side of the spring-distance road, which is now going to the middle-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu.

At the time, there was a duty of care to safely drive the driver's vehicle according to the front door and the left door, and the signal, etc. was installed.

Nevertheless, the Defendant neglected this and received the front portion of the Ele-ray driven by the victim D (37 tax) who was driven by the victim D(37) who was driven in accordance with the New Code from the Mannam-do, Gwangju, the right side of the Defendant’s car.

As a result, the Defendant suffered injury to light salt, etc. that requires the victim's treatment for about three weeks due to such occupational negligence, and, at the same time, did not immediately stop the car and escape without taking measures such as providing relief to the injured party, even though the Defendant destroyed the car to cover repair costs equivalent to KRW 3,739,294.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A traffic accident report, a traffic accident occurrence report, and a medical certificate;

1. Application of Acts and subordinate statutes to a written estimate for an investigation report;

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 (Punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The first type of escape after a traffic accident (the scope of recommended punishment) under Article 62(1) of the Criminal Act (the fact that the insurance is covered by a comprehensive insurance and the injury is minor, and there is no serious criminal record).

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