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(영문) 서울동부지방법원 2016.07.11 2016고단1534

특정범죄가중처벌등에관한법률위반(도주차량)

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A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant is a person who is engaged in driving a rocketing car.

On February 23, 2016, the Defendant driven the above car around 23:30 on February 12, 2016, and moved the front road of the E cafeteria located in Songpa-gu Seoul Metropolitan Government, to the front door of the Standle Park at the lower end of the Guang Police Station.

However, since there exists a person who walks in the same direction as before the direction of the defendant's driving, in such a case, the person engaged in driving service has a duty of care to accurately operate the steering direction and brake system and safely drive it by taking into account the front side and the left side, he neglected to do so and makes the part of the victim F (32 years old) who walks toward the right side in the front side of the above vehicle bypassing it as it is. As a result, the victim suffers from knee part of the victim F (32 years old) who walks in the right side of the vehicle.

Defendant 1 got away without taking necessary measures, such as providing relief to the victim, even though the victim suffered injury on the left-hand slives, etc., which requires approximately three weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes to traffic accident reports and diagnosis reports;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (Selection of Imprisonment) concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It should be considered that the defendant's act of leaving the scene is not less exceptionally applied to the crime of leaving the scene by leaving the scene in order to punish the pedestrian with a shocking accident for the reason of sentencing under Article 62 (1) of the Criminal Code of the Suspension of Execution. However, the situation of the victim is not heavy, and the victim is covered by a comprehensive insurance and reflects the situation.