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(영문) 서울서부지방법원 2016.11.10 2016고단1469
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

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 engaging in driving a rocketing car.

On September 2, 2015, the Defendant driven the said car on September 22 and 21, 2015, and driven the four-lane road in front of the 38 regular dynamic distance in the new zone of Jongno-gu Seoul, Jongno-gu, Seoul, at a speed that is impossible to know from the west intersection to the intersection of Sejong to the intersection of the three-lanes, the Defendant moved the four-lane road to the sponsed from the intersection of Seodaemun-gu to the intersection of Sejong, and turned the four-lane to the spared in front of the pedestrian crossing near the tendency newspaper.

At this time, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle by safely driving the front door, the left and right of the motor vehicle without pedestrians, such as accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by taking the part of the victim D (the age of 36) who was walking in front of the Defendant’s vehicle on the left side of the Defendant’s vehicle by his negligence while living in the front of the shoulder.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim, such as the shouldering part of the shoulder, which requires a medical treatment for about four weeks, but immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Statement on the occurrence of D traffic accidents;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Photographss (residential places, vehicles, accident sites, and closures);

1. Application of Acts and subordinate statutes of a medical certificate;

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;

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

1. The Criminal Act, the suspension of execution;

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