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(영문) 수원지방법원 평택지원 2015.07.23 2015고단732
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On April 7, 2015, the Defendant driven the said car at around 18:05, and came to turn to the left from the leth of the lethal elementary school from the lethal park to the lethal of the lethal of the lethal village 102 east-ro of the 38-do Pyeongtaek-si.

In such a case, the driver has a duty of care to accurately operate the steering gear and prevent the accident from occurring.

Nevertheless, the Defendant neglected to turn to the left as it is, and instead, received the left part of QM3 car driving by the victim C(the age of 36) who was in the atmosphere of the signal at a one-lane opposite to Madles, and received the left part of QM3 car as the left part of the QM3 car.

As a result, the Defendant suffered injury to the victim, such as catum salt, etc. requiring treatment for about two weeks, and at the same time, avoided the said QM3 car to be damaged by the victim to repair cost of KRW 1,051,146, and escaped without taking measures, such as aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement to C by the police;

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

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;

1. Articles 40 and 50 of the Criminal Act of the Commercial 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. Determination on the application of sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on probation and community service order: The scope of recommending sentencing guidelines for the reasons of sentencing under Article 62-2: consideration of all circumstances, including the fact that the degree of the basic area (from August to June) of escape is not significant after traffic accident, the fact that a comprehensive insurance is subscribed, and the fact that there is no history of crime after 201;

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