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(영문) 수원지방법원 2018.10.30 2018고단3803
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

On June 28, 2018, the Defendant driven a car with a high speed of DD on duty and sustained injuries, such as salt and tensions, etc., of the 306 court shooting distance road from the boundary of the police station located in the south of the Suwon-gu, the Defendant, at the time of Suwon-gu, to a two-lane speed of the 5-lane road from the south-gu, Seoul-gu, Seoul-gu, the lower court neglected to repair the said car at the speed of the 5-lane of the 5-lane. In so doing, the Defendant: (a) was negligent in performing duties; (b) the injured party E (33 Do) who was standing on the right side of the car driving in the front of the mast, while driving the car at the speed of the 33-day driver; and (c) at the same time, the Defendant did not immediately stop the said car at the speed of the 1,341, and did not immediately damage the said car to the 130-day driver.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. On-site photographs and related photographs of the accident;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Circumstances favorable to the defendant in sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. are as follows.

The defendant is divided into and reflected in the crime of this case.

The degree of injury suffered by the victim is relatively minor.

Vehicles operated by the defendant are covered by a comprehensive insurance.

The defendant agreed smoothly with the victim.

A defendant shall have no record of criminal punishment, except for fines twice.

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