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(영문) 수원지방법원 안산지원 2016.04.15 2016고단330
특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 21, 2016, the Defendant driven a body car at B around 00:30, the Defendant got to turn to the left of the efficacy apartment at the intersection when the Defendant proceeds from one lane between the two-lanes from the 2nd side of the front line of the members in Ansan-si and the front line of the members in the city of Ansan-si, along the two-lanes from the 2nd side of the Dong community service center, to the elementary school of the first day.

At the time, the driver was at night and at a place, so there was a duty of care to safely operate the driver by accurately manipulating the steering and the right and the right and the right and the right and the right and the right and the steering system.

Nevertheless, when the Defendant neglected this and proceeds from a victim C(50) driver's vehicle running ahead of the same lane, the Defendant overtakened the damaged vehicle to the right side of the damaged vehicle and subsequently stopped in order to prevent the front of the damaged vehicle and subsequently stop in order to prevent the front of the damaged vehicle, and the Defendant got back the damaged vehicle, and received the back part of the right side of the damaged vehicle stopped behind the Defendant's vehicle as the rear side of the damaged vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the injured party after the cerebral wave requiring treatment for about two weeks, and, at the same time, escaped without immediately stopping the damaged vehicle and without taking necessary measures, such as providing relief to the injured party, so that the amount equivalent to KRW 881,658 is equivalent to repair expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 concerning the crime (the point of non-measures after the injury);

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 (see, e.g., the following grounds for sentencing) of the mitigated amount;

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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