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(영문) 서울남부지방법원 2015.10.29 2015고단2712

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Category C cargo vehicles.

On March 20, 2015, the Defendant driven the above cargo vehicles around 17:30 on March 20, 2015, and became disabled in the parking lot located in Yangcheon-gu Seoul Metropolitan Government.

In such cases, the driver has a duty of care to operate safely by properly examining the situation of the rear side and accurately operating the brake system.

Nevertheless, the Defendant neglected this and did not properly look at the post, and neglected it, and received the parts of the victim E (V, 60 years old), etc., which were followed by the said cargo vehicle, followed by the cargo vehicle, and had the victim who lost the center receive the part of the post-line, and let the victim receive it from the center.

After all, the Defendant, by the above occupational negligence, caused the victim to suffer an injury to the left-hand leged salt, etc., which requires treatment for about six weeks, but failed to immediately stop and rescue the suspect, and escape without taking necessary measures.

Summary of Evidence

1. Defendant's legal 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., primary offenders and subscription to general insurance);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by the Presidential Decree No. 2000, Jan. 1, 2000) (amended by the Presidential Decree No. 2010, Feb. 1, 2009) (amended by the Presidential Decree No. 2010, Feb. 1, 2009) (amended by the Presidential Decree No. 2010, Feb. 2,