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(영문) 서울북부지방법원 2016.11.08 2016고단3560
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in the business of driving Cone Star Co., Ltd.

On July 5, 2016, the Defendant driven the above passenger vehicles around 09:22, and driven the three-lane road of Do through the inside cycle of 77 in Seongbuk-gu Seoul, Seongbuk-ro, Seongbuk-gu, Seoul, along the direction of the road from the front slope of the tunnel to the direction of the road.

Since there are many places of vehicle traffic, there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle, while keeping safety distance from the front.

Nevertheless, while the defendant neglected to stop as it was, the defendant was driven by the victim D (Nam, 32 years old) who was parked in the front of the vehicle at the front of the defendant's vehicle, and was driven by the victim D (Nam, 32 years old) who was driving in front of the defendant's seat. The defendant got the victim F. (Nam, 39 years old) who was parked in the front of the vehicle at the front of the vehicle and was in front of the defendant's seat.

At the same time, the Defendant, by its occupational negligence, sustained injury to the said D, such as brain salvy in need of treatment for about two weeks, and sustained injury to the said F, as well as tensions and tensions in need of treatment for about three weeks, and at the same time, destroyed the said F-owned car by approximately KRW 5,916,058 in repair cost, while the said F-owned car was damaged by approximately KRW 1,268,138 in repair cost, respectively, the Defendant immediately stopped and escaped without taking measures such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Each statement of D and F;

1. A traffic accident report;

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

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

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