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(영문) 서울중앙지방법원 2016.01.29 2015고단7430

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2015, at around 00:40, the Defendant driven a car in the Bcoon, and proceeded at a speed that cannot be seen from the front line of the Seoul Seocho-gu Seoul Metropolitan Government, to the front line of the fourth lane, depending on four lanes from the front line of the front line of the Seoul Seocho-gu Seoul Metropolitan Government.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by taking into account the right and the right of the front side.

Nevertheless, the Defendant neglected to drive the victim D(53 Do) who temporarily stopped on the front bank due to the negligence of neglecting it, and got off the back part of the taxi as the front part of the passenger vehicle in the above column. Accordingly, the Defendant got off the part of the victim F.F. (53 Do) who was working in the front bank and temporarily stopped on the front bank.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victims, such as c,97,101 won of the string c,97, and the string c,97,101 won of the string c,348,894 won of the string string c,348,894 won of the string c, but failed to immediately stop the string c,348,894 won of the string c, and escaped.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, H and F;

1. A traffic accident report;

1. Photographs of the skin vehicle and photographs of each damaged vehicle;

1. Each written diagnosis;

1. Application of written estimates for repair of each damaged vehicle;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the traffic accident);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier) of the ordinary concurrent crimes;

1. Imprisonment with prison labor chosen;