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(영문) 수원지방법원 2013.07.25 2013고단1295
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 engaged in driving a B-to-pur vehicle.

On March 19, 2013, the Defendant driving the said car at around 20:30 on March 20, 2013, and driving a two-lane road in front of the three-lane long distance in the Sinsan-si, Sinsan-si, Sinsan-si, along the parallel direction in the direction of the Osan-si.

A two-lane has changed into a two-lane.

At the time, the victim C(E, 51 years old and older) driver D's Dabro is proceeding along the two-lanes of the above road after the Defendant's driver's vehicle, and thus, when changing the lane, there was a duty of care to use direction direction, etc. to give notice of change in the course and to safely change the lane while maintaining the appropriate distance from the above passenger vehicle.

Nevertheless, the defendant neglected to do so and neglected to change the lane to the right side of the driver's car, and received parts adjacent to the left side of the above van as the front side of the driver's car, and caused the above van to the right side, thereby having a pedestrian signal installed in India beyond the road.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained bodily injury, such as satisfying, etc., which requires treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as stopping a pedestrian signal so as to cover repair costs of KRW 5,013,916,00 for the said satisfying vehicle, even though the Defendant destroyed the satisfying vehicle to cover repair costs of KRW 1,216,00.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. A motor vehicle inspection and maintenance report;

1. Application of the written estimate statutes;

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. The Criminal Act, the suspension of execution;

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