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(영문) 수원지방법원 성남지원 2015.03.12 2015고단74
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be postponed 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 of B-learning automobiles.

At around 00:20 on November 23, 2014, the Defendant, while driving the said vehicle on the road in front of the “D” located in Sungnam-si, and driving the said vehicle on the road in front of the “D” located in Sungnam-si, and driving the said vehicle at the Jungwon-gu, Nowon-gu, Seoul. At the same time, the Defendant: (a) by negligence, neglected the Jeonnam-si, left the front section of the victim E- driver’s cargo vehicle that was driven at the front section of the said vehicle; (b) caused the injury of the said victim, such as dump, tension, etc., requiring treatment for about two weeks; (c) at the same time, the Defendant, who got the said victim to take necessary measures, such as providing relief to the victim, without stopping the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement of E;

3. G statements;

4. A traffic accident report (1) (2).

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

2. Article 40 and Article 50 of the Criminal Act, the choice of sentence, and the choice of imprisonment.

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Suspension of execution under Article 62 (1) of the Criminal Act (the degree of injury is not limited, and it shall be taken into account that the agreement is reached smoothly with the victim).

5. Social service order under Article 62-2 of the Criminal Act;

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