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(영문) 서울중앙지방법원 2017.03.29 2017고단576
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 driving a Bsch Rexroth car.

On November 29, 2016, the Defendant driven the above car at around 04:04 and entered the road in front of Gangnam-gu Seoul, Gangnam-gu, Seoul, by moving it to a private distance of 61 roads as Seoul, as the bankruptcy of Gangnam-gu, Seoul.

At the time, the traffic of a vehicle is frequent at night, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely proceed by taking into account the traffic situation of the frontway.

Nevertheless, the Defendant neglected this and failed to stop at the edge of the six-lanes of the victim D ( South, 56 years old) who was parked at the edge of the six-lanes as bankruptcy at the end of the last resort due to the negligence of bypassing it, and did not avoid the said rocketing car, and shocked the back part of the said rocketing car with the front part of the said Switzerland car.

Ultimately, the Defendant suffered injury to the victim D, such as salt, tensions, etc. of the entire species of the light that require approximately two weeks of treatment due to occupational negligence as above. The Defendant suffered injury to the victim F, who was on board the said rocketing car, such as salt, tensions, etc. requiring approximately three weeks of treatment, and suffered injury to the victim G, such as light dynasium, which requires approximately two weeks of treatment, but failed to immediately stop, and escape without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement on the occurrence of each traffic accident;

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

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 committed;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment].

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