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(영문) 수원지방법원 성남지원 2012.11.30 2012고단1757
특정범죄가중처벌등에관한법률위반(도주차량)등
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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

On June 13, 2012, the Defendant driven the Cuba car at B on June 22 and 25, 2012, and led to turn to the left at a speed of 80 km from the new apartment room to the front of the Chang-dong animation high school at Chang-dong.

At the time, there is an intersection where signal is installed at night and at the front, there was a duty of care to prevent accidents by complying with the signal and thoroughly seeing the front time.

Nevertheless, the Defendant neglected this and went to the left by entering the intersection even though the vehicle signal, etc. was a stop signal, and did not avoid the DNA QM5 car owned by the victim C(36 years of age) who was in progress by the direct promotion signal from the front side of the QM5 car from the front side of the above QM5 car, and did not go to the rear part of the vehicle driving seat of the Defendant.

At the same time, the Defendant got injured by the Defendant’s occupational negligence that requires treatment of approximately three weeks, and at the same time, destroyed the said QM5 car to the extent that the repair cost of KRW 2,413,390, such as the exchange of front-handers, and escaped without taking necessary measures, such as stopping, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. Application of written estimates and written diagnosis to statutes;

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

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.

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