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(영문) 수원지방법원 안양지원 2014.07.17 2014고단820
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 10:40 on April 23, 2014, the Defendant: (a) when driving a B C-W-man car, and driving the said car at a speed of about 20 km in the front of the community credit cooperative located in the Sinpo-si, Sinpo-si; (b) due to the negligence that did not properly look at the traffic situation of the front bank at a speed of about 20 km from the mouth of the C-W-ro, the lower part of the lower portion of the truck at the right side of the Defendant’s driving car, which was the D-L of the victim C-W, who carried the U-S-W-W-dong at a speed of about 10:40 on April 23, 2014; and (c) at the same time, damaged the said truck to the nearest part of the Defendant’s driving car, and caused the victim E (the 51 years old) (the 51 year old) to suffer salt, tension, etc. requiring treatment for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in C and E;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommending punishment: Where a minor injury has occurred in the area to be mitigated (from June to October) in the first category after a traffic accident between June and October;

2. The punishment shall be determined in the same manner as the order, in consideration of the fact that the defendant has no criminal history exceeding the fine imposed on him/her, the fact that the defendant has subscribed to comprehensive insurance and is in profoundly against him

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