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(영문) 의정부지방법원 2015.09.04 2015고단1743

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a BM5 vehicle.

At around 21:10 on February 9, 2015, the Defendant continued to run a bus terminal in the direction of a smooth bus terminal from the distance of D Council members in front of the Eup located in Gyeonggi C.

At that time, the center line of yellow real-line has been one-laned and driven along the road surface, and in such cases, there was a duty of care to prevent accidents in advance by safely proceeding with those engaged in driving motor vehicles, such as using the center line on the right side of the center line.

Nevertheless, the Defendant neglected this and interfered with the front part of the F World car driven by the victim E (the age of 53) who is driving along the lane due to the negligence of the central line by negligence, which led to the collision with the front part of the above SM5 car.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks, and, at the same time, did not immediately stop and take necessary measures, such as aiding the victim, even though the Defendant damaged the repair cost of KRW 15,535,200, such as the exchange of front-handers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Written estimate;

1. Photographs of the initial measure;

1. Application of Acts and subordinate statutes to report on investigation (specific suspect, hearing of details of statements made by victims);

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

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

1. Selection of an alternative imprisonment with prison labor (in the event of the occurrence of the instant traffic accident with the central line, taking into account the occurrence of the said accident without taking necessary measures, etc.);

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