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(영문) 수원지방법원 2021.03.12 2020고단8238
특정범죄가중처벌등에관한법률위반(도주치상)등
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 a period of 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 car at the fourth time.

On June 20, 2020, the Defendant driven the above car at around 04:50, and led to the flow of the two-lanes at the intersection of the bridge in the parallel of the game at the time of the Gyeonggi Crick, using one-lanes from the hills of the west to the flow of the west-dong carbon outflow.

Since there is a cross-section where signal lights are installed, there was a duty of care for a person engaged in driving a motor vehicle to live well on the front side and the right and the right, and to drive the motor vehicle safely in accordance with its signals.

Nevertheless, the Defendant neglected this and got the front part of the motor bicycle driven by the victim D ( South, 57 years old) who was in a direct progress from the crdum face to the front side of the motor bicycle in accordance with the new code from the crdum face by negligence in violation of the signal, and received the front part of the motor bicycle which was driven by the victim D ( South, 57 years old) after the right side of the motor vehicle.

As a result, the Defendant, by the above occupational negligence, sustained four weeks of the victim's 4 weeks of medical treatment or cages of more than 4 weeks of cages, and at the same time escaped without taking necessary measures, such as extinguishing the damaged party by immediately stopping the bicycle, even though the Defendant damaged the cages of the cages so that the cages of the cages can be repaired.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement D a written investigation into the actual condition of the examination of the police suspect, and to the CCTV images to report the occurrence of a traffic accident;

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 concerning the crime (the point of non-measures after the accident);

1. Article 40 and Article 50 of the Criminal Act provides for mitigation of selective imprisonment for a sentence of Articles 53 and 55(1)3 of the Criminal Act; Article 62(1) of the Act on the Suspension of Execution under Article 55(1)3 of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

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