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(영문) 수원지방법원 여주지원 2015.03.27 2014고단981
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing the motor vehicle.

At around 03:50 on October 5, 2014, the Defendant, at the time of innju, proceeded with the roads near the dong apartment village in the Taenam-Eup, Taecheon-si.

At the time, it is night, and there are two-lanes, so the driver of the vehicle has a duty of care to reduce the speed for those engaged in driving the vehicle, to properly look at the right and the right, and to accurately manipulate the brake and steering gear, to prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, did not set a speed and did not see the victim D(23 years of age) and the victim E(21 years of age) who walked to the right side of the direction of the Defendant's driving due to the negligence that did not properly look at the front side of the front side of the Defendant's driving vehicle and did not discover the victim E(23 years of age).

As a result, the Defendant, by such occupational negligence, committed an injury to the victim D, such as the human typosis, etc. inside the right slot line, which requires approximately eight weeks of medical treatment, and even though the victim E suffered an injury to the right-hand tyption, etc., which requires approximately two weeks of medical treatment, she immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. The statement of each police officer made to F and G;

1. Each written statement of D and E;

1. An accident site photograph;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime as provided in the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes against D with a heavier penalty);

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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