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(영문) 수원지방법원 안산지원 2014.02.07 2013고단3030
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 also a person who is engaged in driving a joint passenger car.

On November 28, 2013, at around 20:22, the Defendant driven the above vehicle, and moved to the right bypassing the said vehicle at an irregular speed, depending on the two-lane distance from the road in front of the Sungpo apartment complex 593-18 Spool-dong Sungpo-dong, Sungpo-dong 593-18, Sungpo-dong.

Since there is a commercial cluster and a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to safely proceed without breaking the center line.

Nevertheless, the Defendant neglected this and flaged by the negligence of flaging the central line by overpassing it, and flaged the front part of the Dives drive by the victim C(50 years of age) who was driving in the direction of the course, the Defendant dives down the front part of the vehicle of the Defendant.

After all, the Defendant, by such occupational negligence, sustained injury to the victim C, such as dysty styp, etc., which requires approximately one week medical treatment, suffered injury to the same passenger E (the 42-year old-age), and at the same time, destroyed the said styp, etc. to the extent that it needs to be repaired to approximately 3,703,336 won for repair expenses, such as the exchange of the systyp, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to each traffic accident in C and E;

1. The actual condition of traffic accidents;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor;

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

1. The fact that the degree of injury of victims under Article 62 (1) of the Criminal Act is not serious, and the vehicle involved in the accident is being insured by the automobile insurance; and

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