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(영문) 수원지방법원 2013.06.12 2012고단5784
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

1. The Defendant is a person who drives a three-wheeled vehicle as his duties.

On October 19, 2012, the Defendant driven the above two-wheeled vehicle on October 18, 2012, and proceeded by approximately 10 kilometers a speed from the side of the substitute police box to the side of the kidern office.

At that time, the victim D (the age of 57) was walking along the direction of the kidern Office.

A person engaged in driving service has a duty of care to refrain from operating a sidewalk.

Nevertheless, the defendant neglected to enter and operate the sidewalk, and caused the damage to the left side of the two-wheeled vehicle.

Ultimately, the Defendant, through occupational negligence as seen above, immediately stopped the victim and escaped without taking necessary measures, such as aiding and abetting the victim, even though the Defendant suffered injuries, such as climatic salt, which requires approximately five weeks of treatment.

2. On October 19, 2012, around 18:30 on October 19, 2012, the Defendant operated the two-wheeled vehicle without purchasing a mandatory insurance policy at the member’s pharmacy located in the substitute of Osan-si to about 2 km from the 105 front roads of Osan-si.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of police statement related to D or F;

1. A traffic accident report;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation of circumstances, including the fact that the defendant has no special criminal record except for a confession, reflectivity, the fact that the defendant is old, the defendant has no special criminal record, and deposit three million won for the victim;

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

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