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(영문) 수원지방법원 2013.05.07 2013고단522
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The defendant is a person who is engaged in driving a BM3 car.

On January 19, 2013, at around 03:00, the Defendant proceeded at an aesthetic speed from the distance of transfer to the distance of transfer construction in accordance with the two-lanes of the three-lanes of the “BYC E” in the GYCart, which is located in the 110-lane transfer road in Suwon-si, Suwon-si, Gyeonggi-do.

On the signal apparatus installed in the defendant's direction at the time, the stop signal was displayed, and in such cases, the driver of the motor vehicle has a duty of care to keep the signal while driving the motor vehicle and prevent the accident.

Nevertheless, the Defendant neglected this and proceeded to turn to the left by the negligent negligence in violation of the signal, and the front part of the Doro-ro taxi driven by the victim C(55 years old) who was driving pursuant to the new subparagraph, conflict with the front part of the MF3 car, and subsequently, received a rail pole such as the traffic signal, which is owned by the Suwon-si in front of the vehicle.

As a result, the Defendant, by negligence in the above business, sustained injury to the victim due to cerebrovasil without an open room for treatment for about six (6) weeks, and at the same time destroyed the abovero body taxi with a total of KRW 5,410,544, and escaped without immediately stopping the metal pole, such as the above traffic signal, etc., even though it damages the said metal pole to be in excess of KRW 2,520,000, and without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate (fore, page 75 of investigation records);

1. Written estimate for vehicle repair;

1. Application of the Acts and subordinate statutes to a written estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing of Article 62-2(1) of the Criminal Act.

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