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(영문) 서울북부지방법원 2014.12.11 2014고단3855

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 who is engaged in driving a vehicle BX1.

On March 4, 2014, at around 02:45, the Defendant proceeded along the four-lane road in front of the Korean National University in Seongbuk-gu, Seongbuk-gu, Seoul, in accordance with three-lanes from the inside circulation road to the outside (in the inside circulation road), and became a U-turn in order to proceed to the opposite line.

At the time, there is a duty of care to make an internship at the permissible point of U.S. for drivers since it is night and a place where the center line of U.S. yellow-line is installed.

Nevertheless, the Defendant, who neglected to perform alcohol while driving, conflicts with the part on the back of the driver's seat of the said car, which is driven by C, which was trying to change the course from the next two-lane to the two-lane.

As a result, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim E (the aged 41) who was on board the above knife line with the above knife for about 8 weeks of treatment, and at the same time, destroyed the above knife to the amount equivalent to KRW 2,941,923 of the repair cost, but escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

1. A traffic accident report;

1. Requests for appraisal;

1. A medical certificate;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

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, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of penalty;