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(영문) 서울서부지방법원 2013.06.20 2013고단968

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive;

3...

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane car.

On March 12, 2013, the Defendant driven the above car on March 12, 2013, and led the north intersection of the Han River Zone in Yongsan-gu Seoul, Yongsan-gu, Seoul to the right bypassing it to about 20 km a speed of 7 km from the Han River Zone to the Han River Zone as the intersection of the Han River Zone in Yongsan-gu, Seoul.

In addition, there was a duty of care to check the safety of the course and to prevent the accident from being driven by driving the vehicle, and the defendant engaged in driving the vehicle has a duty of care.

Nevertheless, the defendant neglected this and got the victim D(the age of 45) who is going to bypass at the intersection and is going to go to the right side of the vehicle driving in front of the vehicle driving by the defendant, the back part of the left side of the vehicle driving by the victim D(the age of 45).

As a result, the Defendant suffered injury to the victim, such as brain salva, which requires medical treatment for about three weeks by occupational negligence as above, and at the same time, the repair cost of KRW 2,954,134 was destroyed to the extent that it did not immediately stop the car and escape without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Articles 148 and 54 (1) of the Road Traffic Act; Selection of imprisonment with prison labor;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (competence, agreement, purchase of insurance, family relationship of the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;