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(영문) 수원지방법원 2014.10.16 2014고단4100
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BP car.

On June 20, 2014, the Defendant driving the said car that was not covered by mandatory insurance, and driving it on June 20, 2014, and driving it into approximately 50 km in Si/Eup/Myeon around the 45-lane of the national highway near the discharge area located in the Yandong-Eup, the wife population at the time of port, and driving it into the 45-lane of the national highway.

The defendant neglected to do the front-time city without any awareness even in the pleasure of sight, and neglected to do so by negligence, and had the rear wheels of the victim C (the age of 20) who was driven by the preceding negligence go beyond 125C Orala, which was driven by the victim C (the age of 20) as the front driver of the car of the defendant.

The Defendant’s occupational negligence caused the victims D(20 years of age) to suffer approximately 4 weeks of the left-hand frame, etc., which requires approximately 8 weeks of medical treatment to the victims C, and the victim D (20 years of age) who was on the above Orabababa, respectively, to suffer approximately 515,00 won of the left-hand body part of the second half-hand body, which requires medical treatment, and escaped without immediately stopping the above Orababa in order to reach the repair cost amounting to KRW 515,00, and without taking measures such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A traffic accident report;

1. Each written diagnosis and facsimile;

1. Mandatory insurance policy (B) (Evidence No. 26);

1. Application of written estimates (Unregistered 125CC)-related Acts and subordinate statutes;

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; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant reflects his or her mistake, and the fine is imposed.

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