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(영문) 수원지방법원 2017.11.29 2017고단6507
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of vehicle B in body.

On July 25, 2017, around 00:45, the bus stops located in front of the Suwon-si, Suwon-si, Suwon-si, in a speed that cannot be seen in the direction of the viewing distance from the long distance of the viewing distance from the view view view station, and then found the field of drinking control on the front line, which led to a serious challenge to avoid this.

A driver neglected his/her duty of care to prevent accidents by accurately operating the steering gear and brakes before and after the end of the next right, while neglecting his/her duty of care to prevent accidents, and led to the dPoter's f. F. F. driving of E (54 years, south) and driving of E (54 years, south) vehicle and the front part of E (54 years, south) driving on the last side of the next right.

Therefore, if the injured party C suffered property damage equivalent to KRW 1,450,600 of the repair cost, and at the same time, the injured party suffered damage, such as catum salt, which requires treatment for about three weeks, he/she immediately stopped and escaped without any necessary measures, such as conducting relief measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of each letter of apology against G, C, and E;

1. A statement prepared by H;

1. Application of Acts and subordinate statutes to traffic accident reports, photographs, estimates, and medical 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 Concurrent Crimes (the punishment on the violation of the Punishment of Specific Crimes (the punishment on the violation of the Punishment of Specific Crimes) and the violation of Road Traffic Act (the punishment on the violation of the Punishment of Specific Crimes) and the aggravated punishment on the specific crime (the punishment on the violation of the Punishment of Specific Crimes) with heavier punishment);

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. Article 62(1) of the Criminal Act provides that the suspended sentence shall be a favorable condition for the reasons for sentencing.

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