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(영문) 서울동부지방법원 2013.07.18 2013고단1320

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 the B car.

On March 21, 2013, the Defendant driven the above car on March 21, 2013, and used the front road of the Jayang apartment located in 659-14, Jayang-dong, Gwangjin-gu, Seoul, in the direction of the Jayang-dong, to the Jayang-dong, in the direction of the Jayang-dong.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents, such as taking the front side and left side well, accurately manipulating the steering and brake system, etc.

Nevertheless, the Defendant neglected this and disposed of the goods in the rear seat of the passenger vehicle in the signal atmosphere, and due to the negligence by removing from the brack the light from the balk, the Defendant was driven by the victim C (the age of 43) who was in the atmosphere of the signal in front of the passenger vehicle and received the part of the fals in front of the car driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence during approximately two weeks of medical treatment, and at the same time, the repair cost, such as the exchange of panions, destroyed the victim’s car to the extent of KRW 4.10,000,000, and escaped without taking necessary measures, such as aiding the victim by stopping the vehicle immediately.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to each traffic accident report, each photograph, diagnosis certificate, and quotation;

1. Article applicable to criminal facts;

(a) The escape after the injury caused by occupational negligence: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Point of a measure not taken after an accident: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act and the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)