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(영문) 수원지방법원 2016.05.18 2016고단1093
특정범죄가중처벌등에관한법률위반(도주차량)등
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 of a vehicle B with low investment.

On October 27, 2015, the Defendant driven a high-speed car above the upper level around 02:25, and proceeded with a single-lane of the front section C in front of the Suwon-si, in accordance with the middle section C, at Suwon-si.

In such a case, the defendant engaged in driving of a motor vehicle has a duty of care to accurately operate and safely drive the steering system, brakes, and other devices of the motor vehicle.

Nevertheless, the defendant neglected to do so and received the back portion of the victim D(29) E EM car in the direction of the course of the collision from the victim D(29) driving at the front of the above vehicle due to negligence.

As a result, the Defendant suffered from the victim F (the 29 years old) who is a partner of the victim D and the above M& car due to the above occupational negligence, each of the injuries such as salt, tensions, etc. in the trend that requires approximately two-day medical treatment, and at the same time, the Defendant did not immediately stop the above M& car and run away without taking necessary measures, such as aiding the injured, even if it did so so so that the amount equivalent to KRW 5,239,748 is damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. A traffic accident report;

1. On-site reports (verification ofCCTV images);

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes by cutting down photographs of damaged vehicles, photographs of the affected vehicles, and CCTV images;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime committed by the relevant law (the act of not taking measures after destroying property due to the negligence);

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 (amended by Act No. 53, Jan. 3, 2001) (amended by Act No. 1010, Jan. 3, 2001).

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