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(영문) 서울중앙지방법원 2017.03.16 2016고합977

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for not more than ten 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 CK5 cars.

On January 20, 2016, the Defendant driven the above car at around 21:10, and led the front road of the restaurant in Jongno-gu Seoul, Jongno-gu, Seoul to the front side of the restaurant, which is located in Jongno-gu, Seoul, to the front side of the 2nd square.

Since there is no separation between a roadway and a sidewalk, it is a side passage between a vehicle and a pedestrian. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering system and brakes by reducing speed and properly manipulating the steering system.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty at the front week, and caused the victim to go beyond the floor by shocking the part of the victim F, who walked in the same direction from the right side of the passenger car of the Defendant to the right side of the Defendant’s car.

Ultimately, even though the Defendant suffered from an injury, such as the need for a medical treatment for about two weeks, due to such occupational negligence, the Defendant escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness F in the first trial record;

1. A written statement on the occurrence of traffic accidents;

1. A survey report on actual conditions;

1. A medical certificate and a hospital medical records;

1. A criminal investigation report (CCTV image verification report) / (The Defendant’s wife suffered from the victim is minor to the extent that it does not need treatment and does not constitute “injury” under the Criminal Act, and there was no need to take relief measures against the victim.

DaNN

However, the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., the victim, who followed the Defendant’s vehicle, has a considerable impact on the floor by putting off the floor, and ii) due to this, the victim needs to be treated for two weeks.

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