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(영문) 수원지방법원 2014.11.19 2014고단4458
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 who is engaged in the operation of C-A-Wurf x-D motor vehicles.

On 23, 2014. 22:00 on 23, 2014, the Defendant proceeded along the road of four-lane 4 way ahead of the Dongcheon-dong Public Procurement Office, Dongcheon-dong, along one-lane from the direction of the windline.

At the time, the victim D (the 35 years old) was waiting for the signal, and therefore, the driver of the motor vehicle had a duty of care to prevent the accident due to the fact that the driver of the motor vehicle had a duty of care to prevent the accident by checking the front side well.

Nevertheless, the Defendant neglected this and did not discover the said options car and did not proceed as it is, and instead did so, received the part of the said options car in front of the said options car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as salt salk, etc., which requires approximately two weeks of medical treatment, and suffered from the victim F (five years of age) who was on board the observer car in the said observer car, on a two-day basis, requiring medical treatment, and at the same time, did not take measures such as damaging the observer car to repair the 1.6 million won after the observer car and aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Written statements of D;

1. Each written diagnosis;

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, 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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable reasons among the following reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (i.e., repeated reasons for sentencing that are favorable among the reasons for sentencing below) (a person with a special sentencing).

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