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(영문) 서울남부지방법원 2015.08.18 2015고단1957

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 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 1 ton cargo vehicle B.

On April 10, 2015, the Defendant driven the above cargo without obtaining a driver's license on April 21, 2015, and made the two-lane road in front of Yangcheon-gu Seoul Metropolitan Government turn to the left at the side of the south circulation.

There are no left-hand turn-hand turn-on areas where signal lights are installed, and crosswalks are located, so there was a duty of care to confirm whether a person engaged in driving service has a way to reduce speed and to see well the left and right-hand side and to turn to the left safely in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected to turn to the left in contravention of the signal and received the victim D (57 years old) who illegally crosses the crosswalk to the port from the right side of the cargo vehicle driven by the Defendant, in front of the said vehicle.

Ultimately, even though the Defendant had the victim suffer injury to brain-dead sugar, etc. for about two weeks of medical treatment due to occupational negligence above, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Registers of driver's licenses;

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, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Do1488, Jan. 1, 201; 206Do1266, Jan. 2, 201);

1. Article 62(1) of the Criminal Act: