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(영문) 수원지방법원 성남지원 2017.06.15 2016고단552
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above sentence 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 of freight vehicles in Cribee.

On October 14, 2015, the defendant driving the above cargo vehicle around 05:00, and made the front of the public playground of Gwangju City turn to the left at the left of the parking lot from the boundary of the public playground to the parking lot.

In this case, the driver of a motor vehicle has a duty of care to check and proceed with the safety of the course by properly examining the traffic conditions of front, rear, and right and right and right of the motor vehicle and to prevent the accident from occurring.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and did not discover the e-mail of the injured party D (19 tax) driving, which was proceeding on the left side of the cargo vehicle operated by the Defendant at the time, and had the injured party go to the right side of the injured party with the upper left side of the said cargo vehicle, and had the injured party go to the right side of the e-mail on the road.

As a result, the Defendant suffered from the sacriffy of the sacrine that requires the victim’s treatment of approximately four weeks due to such occupational negligence, and, at the same time, escaped without taking necessary measures, such as immediately stopping the damaged person by destroying the sacrine owned by the victim F so that the sacrife repair costs can not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of G police statement;

1. Reporting of a traffic accident (1) (2);

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs and accident scene photographs;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. After traffic accidents involving sentencing under Article 62(1) of the Criminal Act, the defendant is guilty.

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