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(영문) 수원지방법원 평택지원 2016.09.21 2016고단1411
특정범죄가중처벌등에관한법률위반(도주차량)등
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 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 a vehicle with C low Pest another car.

On March 14, 2016, the Defendant driven the said vehicle without obtaining a driver's license of a motor vehicle on March 14, 2016, and moved the intersection of the E Scki in the direction of the E Scki to the agricultural cooperative at an insular speed.

At the time of night and there are many vehicles passing through a private street crossing, so there was a duty of care to prevent accidents in advance by safelypassing by using the right edge of the road, after looking at the front, rear and left of the person engaged in driving of the motor vehicle.

Nevertheless, the Defendant neglected this and went through the intersection as it was due to the negligence of entering the intersection and going to the intersection, and received the back part of the G K3 car of the victim F(25 years old) driving G K3 car driving through the above intersection from the terminal side, with the right-hand part of the Defendant’s vehicle.

Ultimately, Defendant 1 suffered injury to the victim, such as salt panions in need of treatment for about two weeks due to such occupational negligence, and at the same time, Defendant 2 destroyed the victim’s car by using the back panion exchange, etc. so that the 640,000 won of the repair cost is damaged and escaped without taking necessary measures, such as immediately stopping the victim, and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on the actual condition of traffic accidents and a report on the occurrence thereof;

1. Each photograph (accident scene, etc.);

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

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) (a) of the Road Traffic Act, and Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;

1. The crime of Articles 40 and 50 of the Criminal Act (a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) is committed.

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