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(영문) 서울동부지방법원 2015.05.14 2015고단687
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

However, 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 driving a B-to-car.

On January 18, 2014, the Defendant driven the above car at around 03:55, and led the Gwangjin-gu Seoul Special Metropolitan City roads to the speed of one way between the three-lanes in the direction of sexual investigative distance from the surface of the solar distance.

At the time of night, it is difficult to secure the night night, and thus, a person engaged in driving service has a duty of care to properly see the front door and the right and the right and the right, to reduce the speed, and to prevent the accident in advance.

Nevertheless, the Defendant did not discover the victim D (the age of 23) who crosses the road to the port from the right side of the passenger car driving direction of the Marina by negligence, which led to the Defendant’s neglect of doing so, and received the victim from the front part of the said car.

Ultimately, even though the Defendant suffered injury on the left-hand pelle executives in need of medical treatment for about 10 weeks due to the above occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report of E;

1. A traffic accident report;

1. A medical certificate;

1. Application of statutes on field photographs;

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. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1)1 of the Criminal Act provides that the liability of the defendant for the crime of this case is not easy, and that the defendant violates the Road Traffic Act (Article 62(2)2 of the Act on the Suspension of Execution, although the defendant has been sentenced to the fine due to the crime of drinking driving), the confession and reflect of the defendant, and that the vehicle of this case

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