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(영문) 수원지방법원 안산지원 2017.11.23 2017고단2604
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B with low investment.

On July 11, 2017, the Defendant driven the above vehicle at around 23:10 and driven the road of the four-lane in front of the Dongwon-gu, Ansan-si, Ansan-si, with three-lanes.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the new code.

Nevertheless, the Defendant neglected this and proceeded in violation of the suspension signal at the front side, and brought to the left-hand turn on the left-hand side of the road driving direction of the Defendant at the time when the Defendant went to the left-hand turn at the left-hand side of the vehicle driving direction of the Defendant at the victim D(62 Do, South) Efoler XG car's driving seat part of the above-hand vehicle.

As a result, the Defendant suffered injury to the victim, such as a chest feling that requires treatment for about 8 weeks due to such occupational negligence, and at the same time, the Defendant escaped without taking necessary measures, such as immediately stopping, and providing relief to the damaged party, even though he/she damages the flag XG car to the extent that he/she should scrap the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the actual survey report;

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, Articles 148 and 54(1) of the Road Traffic Act (the occupation of measures not taken after the damage of property) concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity [the scope of recommending punishment] The mitigation area (including six months to one year) of the mitigation area (including efforts to recover damage) [the person who has been specially mitigated] of the punishment non-won (including efforts to recover damage] of the punishment [the decision of sentence] of the defendant is against his/her fault after traffic accident.

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