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(영문) 수원지방법원 2017.01.05 2016고단6154
특정범죄가중처벌등에관한법률위반(도주차량)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 of B carrens B, a car.

On August 12, 2016, the Defendant driven the above car at around 00:30 on August 12, 2016, and moved back to the speed of about 40 km at the speed of about 40 km from the offside of the apartment site, which is located below the 616-2 Haak-dong 616-2.

At the time, the signal was installed at night, and in this case, there was a duty of care to reduce the speed to the person engaged in driving of a motor vehicle, to protect the vehicle, and to prevent the accident in advance by taking into account the right and the right and the right of the vehicle well.

Nevertheless, the Defendant neglected this and met the part of the DWW125 motor bicycle riding on the left side of the said car, which was driven by the victim C (48 S) operating in a normal way on the right side of the right side of the aftermast (48 S) after the bypassing from the first lane, to the front right side of the said car.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as satisfum sat, etc. in need of treatment for about three weeks, and at the same time, suffered physical damage to meet 27.80,000 won in repairing expenses, such as the exchange of white satfs for the bicycle, but failed to immediately stop and take necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a written estimate for an investigation report;

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 (the point of failing to take 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order.

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