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(영문) 수원지방법원 성남지원 2017.12.21 2017고단2912
특정범죄가중처벌등에관한법률위반(도주치상)등
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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 K3 car.

On August 5, 2017, the Defendant driven the above vehicle at around 05:35, the Defendant: (a) driven the above vehicle, and driven from the two-lanes located in Geumnam-gu, Geumnam-si to Busan-do, at a 401.8km speed; (b) in order to change the vehicle from the two-lanes to the end of Busan-do, the Defendant: (c) operated the direction, etc.; (d) notified the change of course in advance; and (e) had a duty of care to change the vehicle at the three-lane due to the change of the vehicle at the end of the 3-lane; (d) 5-lane driving of the victim C (39 years old) driving at the end of the 7-lane driving; (e) 2-lane driving at the same time, the victim’s vehicle centered on the right side of the vehicle; and (e) 3-lane driving at the same time did not stop the part of the victim’s 9-lane driving at the same time; and (e) 5-day, the victim’s left side of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. The actual investigation report on traffic accidents;

1. A written diagnosis and written estimate;

1. Application of statutes, such as site photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1.Paragraph 1 of Article 62 of the Criminal Code of the Republic of Korea (which is contrary to, and identical to, the suspension of execution).

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