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수원지방법원 2013.04.25 2012고단6133

A defendant shall be punished by imprisonment for six months.


Punishment of the crime

The defendant is a person who is engaged in the duty of driving B car free car.

On October 27, 2012, the Defendant driven the above car at a speed of 07:50 on October 27, 2012, and led to the roads in front of the “Korean chickens” located in the 999-4 in order to instigate the right at Suwon-si, Gyeonggi-do, to proceed with the roads of the first line, which turn off from the edge of the Roman to the mountain-ri distance.

In this case, there was a duty of care to thoroughly operate the driver of the motor vehicle, and to accurately operate the operation and steering system of the motor vehicle.

Nevertheless, the defendant neglected this and failed to properly operate the operation system, caused the back part of the C SM5 car parked at the right edge of the front side, and caused this shock that the above SM5 car is owned by the victim D who was parked at the front side.

Ultimately, the Defendant, by its occupational negligence as above, stopped to the victim F (34 years of age), the passenger G (n, 41 years of age), the passenger G (n, 42 years of age), the same H (n, 31 years of age), the I (n, 46 years of age), and the J (n, 46 years of age), respectively, for about two weeks of medical treatment, and escaped without taking measures such as aiding and abetting the victims, even though each repair cost of KRW 1,312,781 on the above SM5 vehicle was damaged to cover the repair cost of KRW 602,426 on the above SM5 vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate (F and four other persons);

1. Written estimate;

1. Application of written estimates (C) Acts and subordinate 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 committed;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are the District Court on August 17, 2012.