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(영문) 수원지방법원 성남지원 2015.12.28 2015고단1720
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is a person who is engaged in driving of the E Coin-sports cargo vehicle.

On June 7, 2015, the Defendant driven the above vehicle at around 09:47, and led the two-dimensional apartment complex located in Gwangju-si, Gwangju-si, Gwangju-si, Gwangju-si, to drive the two-dimensional apartment complex in front of the two-dimensional apartment complex at the bridge of the two-dimensional apartment complex, by moving the road to the unsurled speed.

In such cases, the driver of a motor vehicle has a duty of care to check and proceed with the safety of the course by checking well the right and the left and right of the motor vehicle.

Nevertheless, the defendant neglected this and did not find out that the victim F (the age of 11) is up to the left-hand side from the right-hand side of the road, which led the defendant to go beyond the road by shocking the victim into the front-hand side of the vehicle.

Ultimately, even though the Defendant suffered bodily injury, such as knee knee knee knee knee knee knee, etc., due to the above occupational negligence, the Defendant left away without immediately stopping and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Legal statement of witness G;

1. The police statement of H;

1. A traffic accident occurrence report;

1. The scene of the accident and photographs of victims;

1. A medical certificate;

1. The CD reproduction result [it is alleged that the Defendant did not recognize that he had a shocked fact, but according to the evidence of the judgment, including the net and simplified CD reproduction result at the time of the accident, the Defendant’s assertion that the instant vehicle and the victim had a significantly shocked fact can be recognized, and the Defendant’s assertion that he did not recognize such shock fact is difficult to accept.] statutory application is applied.

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 is the suspended sentence.

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