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(영문) 수원지방법원 2018.11.08 2017고단7530
사기등
Text

A defendant shall be punished by imprisonment for six 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 a B knife vehicle.

On March 14, 2018, the Defendant got to proceed one way in the direction of D elementary school in the direction of the direction of D elementary school in the direction of the direction of the 13:32 street in front of the settlement of the apartment house C in the wife population at the K-si.

At that time, the center line of the yellow-ray is installed, and since the victim E(the age of 36) was under way at the same lane, the Defendant engaged in driving service had a duty of care to properly operate the steering gear and operation of the steering gear and to safely drive the tea by keeping the wheel line.

Nevertheless, the Defendant neglected this and went to the left at the right right side of the vehicle of the Defendant’s driving, which had been driven by the central line, to overtake the said rocketing car. However, the left side of the said rocketing car was taken to the right side of the vehicle of the Defendant’s driving.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt and tensions, etc. in need of approximately two weeks of treatment, and at the same time, destroyed the said rocketing car by KRW 1,933,303 of repair cost, and escaped without taking necessary measures, such as aiding and abetting the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs of a traffic accident report, accident scene, vehicle, ctv course;

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

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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 to mitigate small amount;

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

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