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(영문) 수원지방법원 2017.12.06 2017고단6663
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 B-learning car.

On August 18, 2017, the Defendant driven the above car at around 04:52, and proceeded at a fluent speed in accordance with three-lanes in front of the sampling distance, which is located under the territory of the Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, in the direction of Geumdong, in the direction of Geumdong-gu.

At the same time, the victim C(69 tax) was parked in the signal atmosphere, and the defendant engaged in driving service had a duty of care to prevent accidents in advance by accurately manipulating the steering gear and operating the steering gear in a way that well sees the front side and the left side.

Nevertheless, the Defendant neglected to do so and proceeded with it, and thereby, received the back part of the above low-class passenger vehicle as the front part of the Defendant’s driver’s driver’s vehicle.

As a result, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as scopical salt in need of treatment for about two weeks, and at the same time, did not stop the vehicle to the extent that the scopical repair cost was damaged, and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in preparation of a letter of apology against C;

1. A E-document;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents and diagnostic certificates;

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 (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of absence of accident) concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason behind the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstance for sentencing) is unfavorable to the sentencing. - The reason behind the accident is that it is not good to commit the crime.

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