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(영문) 수원지방법원 평택지원 2016.12.15 2016고단1380
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor 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 B-Wood vehicle.

On March 30, 2016, around 08:57, the Defendant came to turn to the left at an irregular speed from the side of the multi-lateral apartment gate to the front side of the sub-office of the Seodong-gu Seoul Special Metropolitan City Seodong-gu, Seosung-si, Seosung-si, Seoul Special Metropolitan City, to the left at an irregular speed.

At the time, there are many vehicles passing through the neighboring road along the intersection, and at the time, the defendant left left the opposite lane, so there was a duty of care to prevent accidents in advance by looking at the front and rear side and safely driving.

Nevertheless, the Defendant neglected to do so and took part of the front part of the victim C(I, 38 years old) driving at the front part of the driver's driver's vehicle of the victim C(I, 38 years old) with the front part of the driver's vehicle of the defendant's vehicle at the right side of the driver's vehicle.

As a result, the Defendant suffered injury, such as salt fats, etc., in need of treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant escaped without taking necessary measures, such as destroying KRW 1,161,411 of the repair cost to the victim’s vehicle by exchanging the front-hander, etc., and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the statutes governing the actual condition survey report, on-site, vehicle photographs, etc., and written estimates;

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 criminal facts;

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. Probation and community service order shall be fined for the reason of sentencing under Article 62-2 of the Criminal Act;

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