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(영문) 수원지방법원 2016.02.04 2015고단5134
특정범죄가중처벌등에관한법률위반(도주차량)
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 Poter cargo vehicles.

On July 26, 2015, the Defendant driven the above cargo vehicle around 01:00, and proceeded at the front of the D, which is located in Osan City, at Osan City, at Osan City.

At the time, it was difficult to set off a low-speed road at night, and there was a side and delivery on the right side of the road. In such a case, there was a duty of care to prevent accidents, such as safe driving, by reducing speed and checking whether there is a pedestrian driving on the side, who drives a motor vehicle, and by safely checking whether there is a pedestrian driving on the side.

Nevertheless, the Defendant neglected to drive a stroke, and caused the victim E (13) who walked on the road in the front of the said cargo vehicle by negligence, and caused the collision between the two (13) and the two (13).

Ultimately, even though the Defendant, by occupational negligence, inflicted an injury on the victim with an outer scarcity scarcity, etc., which does not have any open body within six weeks of treatment, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. (1) The actual survey report, etc.;

1. On-site photographs and investigation reports (on-site photographs of vehicles that are located far from the road on the accident site);

1. Investigation report (Investigation of the results of confirmation of video recording CCTV images);

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and choice of imprisonment with prison labor;

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(1) of the Criminal Act for community service and lecture attendance order [the scope of recommendations] The basic area (from August to June) is the basic area (from January to June) after traffic accidents.

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