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(영문) 서울동부지방법원 2016.03.24 2015고단3824

특정범죄가중처벌등에관한법률위반(도주차량)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle to be observerd.

On November 29, 2015, the Defendant driven the above car on November 29, 2015, and proceeded along six lanes in front of the transmission distance in 389 as Songpa-gu Seoul, Songpa-gu, Seoul, along the six-lanes in front of the transmission distance.

Since there is a crosswalk where a pedestrian signal, etc. is installed, there was a duty of care to safely drive the vehicle and prevent the accident by safely driving the vehicle after checking whether the defendant engaged in driving of the vehicle is a pedestrian.

Nevertheless, the Defendant neglected this and negligently driven the vehicle stop signal, and instead driven it from the right side of the vehicle in question to the left side of the victim D (n, 43 years old) who dried the crosswalk in accordance with the pedestrian signals to the left side of the vehicle in question, and received the part of the victim E (n, 37 years old)'s left side side side of the vehicle in question to the right side of the vehicle in question.

The Defendant, due to the above occupational negligence, committed the injury to the victim D, such as the left-hand leg, salt, etc., which requires approximately two weeks of medical treatment, and even though the victim E suffered from the injury to the left-hand leg, the blood transfusion and the heart of the body, etc., which require approximately three weeks of medical treatment, she immediately stopped and escaped without taking measures such as aiding the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of the occurrence of each traffic accident of E;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (the victims) (the victims)