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(영문) 수원지방법원 2013.08.29 2013고단1293
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 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 DM5 car.

On March 1, 2013, the Defendant driven the said car at around 01:45, and led to the driving of the said car at approximately 70 km each other at a speed of about 50 km from the 3-lane of the Education Center at the 2-lane of the 5-lane from the 2-lane of the 5-lane to the 3-lane of the training center.

At the same time, it was difficult to reduce the length of the car at night, and it was followed by the F i30 car driven by the victim E in the same direction, and therefore, the driver had a duty of care to secure and proceed with a safe distance that can be avoided when the car stops.

Nevertheless, the Defendant did not neglect this and found it late to stop the F i30 car driven by the victim E according to the stop signal due to the negligence of driving the car in the vicinity of the vehicle without neglecting it, and operated it, but did not avoid it, but received the part of the victim's vehicle behind the vehicle by the Defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as light fat, which requires treatment for about two weeks by occupational negligence as above, and at the same time, 362,120 won of repair expenses, such as the exchange of faters, etc., the Defendant left the victim’s vehicle immediately and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. A medical certificate;

1. Application of the written estimate 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 concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course;

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