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(영문) 서울서부지방법원 2015.04.14 2015고단269

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Cro-vehicles.

On December 22, 2014, the Defendant driven the above car on December 17:40, and driven the four-lanes of the five-lanes from the north bank of Mapo-gu Seoul Mapo-gu to the south bank.

When a person engaging in driving of a motor vehicle intends to change the course of a vehicle, he/she has a duty of care to prevent accidents in advance by changing the course safely without impeding the driving of a vehicle in the vehicle line that intends to change well before and after the left.

Nevertheless, the Defendant neglected this and changed the course from the four lanes to the three-lanes, and the victim D (the age of 45) who proceeded with the three-lanes.

Although the Defendant suffered an injury to the cage cage cage cage cage that requires approximately four weeks of medical treatment due to occupational negligence above, he immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act is [Article 62(1) of the Criminal Act [Article 62(1) of the Criminal Act] In the area of mitigation (Article 6-10 months) [Special Mitigation] (Article 6-10 months] of the area of mitigation (Article 6-10 months] (the decision of sentence] of the defendant's first offender and the defendant's conviction is recognized as the first offender, and the victim does not want the defendant's punishment. In full view of the circumstances surrounding the crime