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(영문) 수원지방법원 2014.03.27 2013고단6854
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of B Poter, Spos, Spoto-spool-spools.

On September 29, 2013, the Defendant driven the above vehicle on the front side of the 113 Taekwondo Driving School, which is in the direction of Osan City, with the one-way passage road in front of the 113 Taekwondo Driving School, from the “13 Taekwondo Driving School” side, and neglected the duty of front-way 20km, and caused negligence to neglect the duty of front-way juncing at the speed of about 20km, and caused the victim C (n, 68 years of age) to go from the front side of the said vehicle to go beyond the ground, and imposed the victim’s right-hand bridge with the rear wheels of the said vehicle.

Ultimately, even though the Defendant had suffered approximately 16 weeks of medical treatment due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures such as providing relief to the victim, even though he/she did not immediately stop.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and selection of imprisonment with prison labor;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that it reflects the fact, that there is no history of punishment heavier than the suspension of execution, and that the victim does not want the punishment of the defendant by mutual consent with the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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