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(영문) 수원지방법원 안산지원 2020.07.23 2020고단405
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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 BM5 car.

On September 29, 2019, the Defendant operated the said SM5 car on September 22, 2010, and led to the passage of the D neighboring road in C at Silung-si, to the F apartment from E-section.

Since there are two-lanes of one-lanes of road, the driver of the motor vehicle has a duty of care to prevent accidents due to the following reasons: (a) the driver of the motor vehicle is engaged in driving the motor vehicle thoroughly; and (b) accurately manipulates the steering and steering devices; and (c) the driver of the motor vehicle has a duty of care to prevent accidents.

Nevertheless, the defendant is running in the front bank at the time of negligence while neglecting the front bank.

On the other hand, the driver did not find the low-priced passenger car of the victim G(52 years old) driving, and did not meet the front part of the above SM5 car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim G, such as salt, tensions, etc. in light of the string that requires the above 3-day medical treatment, inflicted injury on the victim I (the 49 years old), who is the passenger of the said string vehicle, on the string chills and tensions in need of approximately 2-day medical treatment, and inflicted on the victim J (the 46 years old), on the chills in need of approximately 2-day medical treatment, and escaped without taking necessary measures, such as destroying the said string vehicle and providing relief to the victims.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement G, each police officer's written statement to K to the scene of the accident, photographs of the harming vehicle, photographs of the damaged vehicle, written estimate, and written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Selection of the sentence of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes

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