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(영문) 수원지방법원 2015.09.03 2015고단2835
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 a B-uld 125CC motorcycle.

On May 15, 2015, the Defendant driven the above motorcycle on the 15:38th day of May, 2015, and driven the above motorcycle, according to the new world department store, which is located in 536, the Defendant was driving in the vicinity of the driverial zone.

In this case, there was a duty of care to operate a motorcycle as a road without driving it by a sidewalk, while driving it on the front side and the left side.

Nevertheless, the Defendant had the victim C(67 years of age) who distributed the leaflet on the sidewalk due to the negligence of operating the motorcycle on the sidewalk which is prohibited from driving the motorcycle, and had the victim go beyond the reported one by shocking the front wheels of the motorcycle.

Ultimately, the Defendant, by the above occupational negligence, left the victim without immediately stopping and taking necessary measures, such as providing relief to the victim, even though he/she injured the victim, such as cutting down the upper right-hand 3 meta, which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s traffic accident statement;

1. The actual survey report on traffic accidents;

1. Photographss of the scene of the accident, otobial photographs, otobial photographs of the skin, visual closure photographs, and photographs of the scene of the accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

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

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

1. The reason for sentencing of Article 62-2(1) of the Criminal Act on community service and order to attend a lecture [the scope of recommendation], together with the circumstances presented as the above special mitigation factors, the mitigation area (6-10 months to 6-10 months), mitigation area (the special mitigation person] (the decision of sentence] mitigation area (the special mitigation person], after traffic accident.

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