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(영문) 수원지방법원 평택지원 2012.12.27 2012고단1297
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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 accused is a person engaging in driving of Twit vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);

On October 18:43, 2012, the Defendant driven the above vehicle, and turned to the left at the right edge of the transmitting shot road while driving at the speed of 40km from the shot fire station and driving at the speed of 40km from the shot-ri to the shot-ri.

In this case, there was a duty of care to safely turn to the left without breaking the front and rear left by the driver.

Nevertheless, by neglecting this, the victim D (the 44 years old) who gets a bicycle on the left-hand turn by neglecting the opposite bicycle, and gets a bicycle driving ahead of the left-hand part of the above vehicle, and suffered injury such as the left-hand-hand-wing sloping sloping spons, and high-frequencys, which requires about 8 weeks medical treatment of the above vehicle, and the above bicycle was destroyed to go away without any measures such as immediately stopping the bicycle so as to rescue the victim.

2. Violation of the Road Traffic Act (Free Driver’s License) driving a C Twork vehicle at a section of about 1 km from the street in the vicinity of the eart in Pyeongtaek-si Do, to the front side of the emulsium in Pyeongtaek-si Do, without obtaining the said temporary driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written diagnosis and written estimate;

1. Application of the statutes on the register of driver's licenses;

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), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

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