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(영문) 수원지방법원 성남지원 2014.01.16 2013고단2744
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

On October 21, 2013, at around 19:10 on October 21, 2013, the Defendant driven a car with B-Spamper and proceeded at a speed of 70km per hour between the two lanes in the direction of the direction of the street.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by emphasizing the front side and accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant’s negligence of neglecting the duty at the time of Jeonju, caused the following part of the part behind the Defendant’s vehicle in front of the Defendant’s vehicle, which was driven by the victim C (ma, 44 years old) who was driving in the same direction. As such, the event was pushed off, and the victim E was tightly driving in the same direction as the front part of the vehicle.

The Defendant, by these occupational negligence, sustained injury to the victim C and the victim G (n, 5 years old), who is the victim C and the passenger, suffered about two weeks of medical treatment, and at the same time, escaped without taking measures such as destroying the damaged vehicle and providing relief to the victim, even though the Defendant destroyed the damaged vehicle to the sum of KRW 1,532,798,000 in the repair cost of the above 38,26,000 and the 39,798,000 in the repair cost of the bents.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to written estimates for inspection and maintenance of motor vehicles, written requests for the delivery of motor vehicle parts, and written requests for insurance repair cost estimates;

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. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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