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(영문) 서울남부지방법원 2014.09.12 2014고단2309
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 driving a CM3 car.

On February 25, 2014, the Defendant driven the above car at a speed of about 30km per hour from the 13:50 on February 25, 2014 to the 96 Umnogian Forest apartment road at the 1st 588th km of Gangseo-gu Seoul Metropolitan Government.

In other words, since the road in the direction of the defendant's driving is one-lane road as a round-down three-lane road, the person engaged in the driving duty has a duty of care to thoroughly and safely proceed to prevent accidents and prevent accidents.

그럼에도 불구하고 피고인은 전방주시를 게을리 한 채 그대로 진행한 과실로 그곳 도로 전방 오른쪽에 세워져 있던 파지 수거용 리어카를 들이받아 위 리어카가 앞으로 튕기면서 리어카 앞에서 파지를 담고 있던 피해자 D(여, 73세)을 충격하여 도로에 넘어지게 하였다.

The Defendant, by such occupational negligence, sustained injury, such as cutting the body of the body of the family head of the upper body, which requires approximately seven weeks of medical treatment, and, at the same time, escaped without any necessary measures such as providing relief to the victim, even though the Defendant damaged the above maga to have approximately KRW 300,000 won of repair expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Report on traffic accident (actual survey1, 2);

1. On-site, vehicle photographs, and on-site photographs;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including a case where there exists no previous conviction exceeding a fine, and a comprehensive automobile insurance contract is subscribed to and an agreement with the victim);

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