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(영문) 수원지방법원 2016.03.04 2015고단5135
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Records] On August 24, 2015, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act (compact) at the Suwon Flag Station on the ground of violation of the Narcotics Control Act, and the judgment became final and conclusive on January 2016.

[Specific Crime]

1. The defendant is a person who is engaged in driving a motor vehicle of a franchiseer in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (after an accident).

On June 25, 2015, the Defendant driven the above car at around 19:10, and continued to drive the road of three-lanes in front of the north-gu Office in Busan, Northern-do along three-lanes from the long-distance.

At the same time, since the victim D(50) E driving of the victim D(50) was stopped in the front door, the defendant engaged in driving service had a duty of care to drive safely by checking well the right and the right of the front door.

Nevertheless, the defendant neglected this and got the front right side part of the victim's car due to the negligence of driving along the three-lane side where the first car of the victim was stopped by the defendant's driver's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as light dump, which requires medical treatment for about two weeks by occupational negligence as above, and at the same time escaped without necessary measures, such as providing relief to the victim, despite the victim’s body damage to the repair cost of KRW 5,59,440.

2. On June 25, 2015, the Defendant violated the Guarantee of Automobile Compensation Act: (a) operated a Crane car without mandatory insurance on the roads front of the Northbuk-dong located in Busan Northern-dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Reporting of a traffic accident (1, 2);

1. A written diagnosis and written estimate;

1. Inquiry into mandatory insurance;

1. Photographs related to accidents;

1. Criminal Records as stated: the defendant's legal statement;

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