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(영문) 수원지방법원 성남지원 2015.08.27 2015고단1177
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On May 9, 2015, the Defendant driven the said car at around 23:30, while driving the said car, led to the four-lane road of the circulation industry distance from the north-gu, Sungnam-si along the four-lane road to the Corporation.

At the time, the passage is night and its intersection is narrow from four lanes to three lanes, so the defendant engaged in driving of the motor vehicle has a duty of care to reduce speed, observe the lane, and safely drive the motor vehicle driving on the other lanes, and prevent accidents by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and proceeded along the four-lanes without reducing speed, and found the yellow boundary bars set up in the front four-lanes of the previous four-lanes at late, and caused the sudden change of the vehicle due to the left-hand side of the hand, and caused the victim C (the 40-year old) who was driving along three-lanes on the right-hand side of the DK5 vehicle that the Defendant driving.

Ultimately, even if the Defendant suffered from an injury to the climatic salt, etc., which requires treatment for about two weeks by 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. Statement to C by the police;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the scope of recommending punishment) shall be the reason for the suspended sentence.

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