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(영문) 서울중앙지방법원 2013.07.05 2013고단1317

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 drives a Cran vehicle.

At around 06:20 on January 5, 2013, the Defendant was running the said vehicle from the direction of the Tropical distance on the road in front of 199-4, Gangnam-gu, Seo-gu.

At the time of night, the driver of a motor vehicle had a duty of care to reduce the speed and change the lane safely by taking into account the traffic conditions of the front and rear left.

Nevertheless, the Defendant neglected this and did not notify in advance the direction change to the direction direction, etc., but changed the direction to the three lanes among the five lanes in the proceeding direction, and the victim D (hereinafter referred to as 41 years old) who was driving on the four lanes was shocked by the front gate of the Eschton vehicle in front of the driver's seat of the Defendant.

At the same time, the Defendant, by negligence in the course of performing such duties, sustained injury to the victim’s parts of the treatment period, and at the same time escaped without stopping the damaged vehicle and taking necessary measures, such as providing relief to the victim, even after destroying the property equivalent to KRW 493,680 of the repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Each police statement concerning D;

1. The actual condition of traffic accidents;

1. A photograph of the damaged vehicle, booms image photograph, and photograph of the harming vehicle;

1. Investigation report (investigation into the degree of injury of a victim);

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

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: