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(영문) 서울남부지방법원 2012.11.01 2012고단2463

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for not less than eight 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 car in Cknife.

On May 31, 2012, the Defendant driven a car with the upper car on the 20:17th of May, 2012, and driven the front road of 934-23, Gangseo-gu, Seoul, Gangseo-gu, Seoul, at the end of the 588 bus stops with a new monthly air-line, at a speed of about 20km per hour.

Since its location was a road with a central line, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely without conflicting with the motor vehicle that is driven on the opposite line in good manner.

Nevertheless, the Defendant neglected to do so and caused the collision of the front part of the E-si driven by the victim D, which was driven by the victim D while driving the above center line, with the front part of the E-si driven by the Defendant.

The Defendant, by such occupational negligence, committed an injury to the victim D (year 44) who was on board the said taxi in need of medical treatment for about two weeks, and sustained injury to the victim F (year 47) in need of medical treatment for about two weeks, and sustained injury to the victim G (year 44) in need of medical treatment for about two weeks, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Legal statement of witness D;

1. Statement on the occurrence of each traffic accident by G or F;

1. The actual condition of traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime (the point of escape after the injury by occupational negligence)

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. The defendant with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act does not reflect his mistake while denying the instant crime.