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(영문) 서울동부지방법원 2015.01.29 2014고단3931

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

except that 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

On September 28, 2014, the Defendant, who is engaged in driving CMW 320i automobiles, was driving the said automobiles on September 28, 2014, and led the Defendant to drive the said automobiles at around 02:37, to drive the said automobiles, and, at the same time, the five-lane roads in front of the 474-lane in the Olympic Winter, Songpa-gu Seoul Olympic Games were set up at the middle distance of the Dong-dong, which is located in the Olympic Wintercom.

At night, the above road is a place where vehicles pass through the intersection, and thus, the driver had a duty of care to proceed bypassing the five-lane road among the five-lane roads.

Nevertheless, the Defendant neglected this and changed the lane to the second line, and instead instead, received the two lanes from the victim D(54 years old), a five-lane at a speed of about 60 km from the parallel of the Olympic Games, which had been driving the two lanes at a speed of about 60 km, to the left side of the car driven by the Defendant.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim D, such as catitiss, which requires treatment for about two weeks, and at the same time, escaped without immediately stopping the said taxi owned by the victim accompanied by the transportation company accompanied by the transportation company with the same transportation without taking necessary measures, such as providing relief to the victim, even though it damages the said taxi equivalent to KRW 2,900,460.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of theo Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The scope of the suspended sentence under Article 62(1) of the Criminal Act shall be limited to the applicable sentencing under the law.