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(영문) 수원지방법원 안산지원 2016.02.04 2015고단3731
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 a period of 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 bit XG passenger vehicle.

On November 21, 2015, the Defendant driven the above vehicle at around 05:15, and proceeds from the D private distance in Gwangjin at the luminous Viewing plane from the luminous Viewing plane to the right-hand left-hand turn-hand turn-hand turn-on at the 4th seat of the luminous 4th seat.

Since the left-hand turn signal, etc. is installed in the vehicle, in such cases, a person engaged in driving service has a duty of care to safely drive the left-hand turn of the vehicle in accordance with the new code.

Nevertheless, this part of the front side of the victim E (58 ) driving car, which is proceeding in accordance with the straight line from the right turn due to negligence of the left turn while the vehicle's moving signal is left turn, was received as the front side of the front side of the vehicle of the defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as fluoral salt in need of treatment for about three weeks, and escaped without immediately taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Detailed descriptions of the actual condition survey report, traffic accident occurrence report, diagnosis certificate, and quotation;

1. Application of each video statute to field photographs and vehicle photographs;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act, where a minor injury occurred (including a person subject to special mitigation) in the area of special mitigation (i.e., March to October) after a traffic accident, within the scope of a punishment recommended for the reason of sentencing under Article 62-2 of the same Act, and (ii) a person subject to punishment is not subject to punishment (including a serious effort to recover damage).

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