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(영문) 서울중앙지방법원 2016.10.12 2016고단4701

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a non-motor vehicle in CM5 vehicle and a name winner.

On January 28, 2016, at around 05:20, the Defendant, at around 05:20, proceeded at approximately 65 km in Si speed, depending on two lanes from the shooting distance of the light apartment, the front direction of the E in Gangnam-gu Seoul, Seoul, at approximately 5 km, and the name poor was followed by the Defendant’s vehicle.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely operating the steering system, brakes, and other devices of the motor vehicle in a safe manner by taking into account the traffic situation of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, and neglected to do so, caused the victim to go beyond the road by shocking the upper part of the victim F (the age of 76) who dried the crosswalk to the left side of the Defendant’s vehicle, and caused the victim to go beyond the road. The Defendant followed the Defendant’s vehicle and followed the Defendant’s vehicle.

After all, the Defendant, in collaboration with the influence of name and the victim F (the age of 76) for about 16 weeks, suffered from the injury, such as the mouth of the body of the fluent body accompanied by the fluence that requires medical treatment, but failed to take necessary measures, such as aiding the victim at the site, and escaped without taking necessary measures.

Summary of Evidence

1. A traffic accident report;

1. Investigation report (related toG and H statements);

1. A general medical certificate;

1. Application of the Acts and subordinate statutes governing witnesses' black boxes and USB;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 268 and 30 of the Criminal Act, and choice of imprisonment with labor for the crime;

1. The primary crime under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation and the victim has contributed to a certain degree of the occurrence of the instant accident.