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(영문) 수원지방법원안양지원 2020.11.12 2020고단1533
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car.

On June 28, 2020, the Defendant driven the said car on June 28, 2020, and driven the six-lane road in front of the shooting distance of the 135 fugitive three-lanes of the Eastern apartment as he was in Ansan, at a speed not to be known along the four-lanes of the flying distance.

The Defendant had a duty of care to ensure safety distance to avoid when he stops a motor vehicle in the same direction, as the victim C (the age of 29) followed the motor vehicle behind the motor vehicle driven by the victim C (the age of 29), and thus, the driver of the motor vehicle had a duty of care to ensure the safety distance to avoid when the motor vehicle stops.

Nevertheless, the Defendant neglected this and proceeded with the part of the lower part of the said Amateur car which was stopped under the No. 1 of the Suspension No. 201, and the lower part of the said Amateur car was shocked.

As a result, the Defendant suffered from the foregoing victim’s scams, etc. requiring treatment for about two weeks, and at the same time, the said scams away without taking necessary measures, such as destroying the said scams to the repair cost of KRW 1578,718.

Summary of Evidence

1. The police's statement of the defendant C in court;

1. Reports (1), (2) on traffic accidents;

1. Written estimate of repair costs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-3 (1) 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) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Selection of the punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was not a defendant, but a drinking driver was done.

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