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(영문) 수원지방법원 2013.07.24 2013고단2096
특정범죄가중처벌등에관한법률위반(도주차량)
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 low-speed car B.

around 19:00 on March 18, 2013, the Defendant driven the above car and proceeded at a frily speed in the direction of a street with the front side of the student camping site located in the Spole-Eup in the Sincheon-gu, the wife population at the time of the Gyeonggi-do.

At the time, there is a night and a place where delivery and road are not separated, so there was a duty of care to drive safely a person engaged in driving a motor vehicle by thoroughly operating the steering system and steering gear in a proper manner.

Nevertheless, the Defendant neglected to do so and got the left-hand body of the victim C, who was coming up on the right-hand side of the Madern road due to the negligence of the Defendant.

Ultimately, even if the Defendant suffered injury, such as cerebrovasin, etc., to the victim for about three weeks of medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement to C by the police;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (the execution of a sentence shall be postponed considering the fact that the defendant has no special criminal record, except for a fine, even though he/she has a record of being punished for driving under drinking again even though he/she had a record of driving under drinking again, his/her escape is serious

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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