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(영문) 서울남부지방법원 2016.05.24 2016고단1383
특정범죄가중처벌등에관한법률위반(도주차량)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 8, 2016, around 21:06, the Defendant: (a) driven B-G car at the 4th ebb, Dong-dong No. 245, Dong-dong, Yangcheon-gu, Seoul, and led XG to the right-way distance from the side of the O tree trade.

Since there is a long distance intersection, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the right and the right and the right and the right and the right and the right and the right of operation.

Nevertheless, the Defendant neglected to make a bypass while moving to the right side of the victim C (hereinafter referred to as 31 years old-old driving) who was moving to the same direction from the left side of the XG car and was moving to the right side of the victim C (hereinafter referred to as 31 years old-year-old driving) to the above right side of the XG car.

Defendant continued to drive the above franchise and drive the above XG car to the right part of the above Abea car, and the above franchise was given to the front part of the XG car, and the left part of the above Abea car was left part.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim E (V, 39 years old) who was on board the said car with the victim C and the victim E (V) who was on board the said car, respectively, for about two weeks of medical treatment, and at the same time, destroyed approximately KRW 3,004,430 of repair cost, and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. E statements;

1. A survey report on actual condition, internal investigation report (verification of the image of damaged vehicles), accompanying photographs, copies of a survey report on actual condition, photographs of black stuffs, and photographs of damaged vehicles;

1. A copy of each written diagnosis;

1. Application of the statutes governing a written estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (the point of escape after the injury or injury caused by duty) regarding the crime in question.

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