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(영문) 서울서부지방법원 2014.10.28 2014고단2388
특정범죄가중처벌등에관한법률위반(도주차량)등
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 who is engaged in driving a halog car.

At around 03:20 on April 16, 2014, the Defendant driven the said car without a driver's license, and led to a side street without the front line of the Samsung Flaer shop located in the Mapo-gu Seoul Metropolitan City drawing zone, leading to the seat of the hotel at an irregular speed.

At night, there was a duty of care to prevent accidents in advance by safely driving the damaged vehicle that is driven by the victim E (the age of 55) at night. In such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle with the same attitude and left and right of the damaged vehicle that is driven by the victim E (the age of 55).

Nevertheless, the Defendant was negligent in driving the vehicle while driving the vehicle, and the part of the driver's seat in front of the Defendant's vehicle was faced with the front part of the driver's seat.

Ultimately, the Defendant, by negligence in the above occupational negligence, committed an injury to the victim E, such as spatitis and tension, which requires a medical treatment for about two weeks, and sustained injury to the victim G (V, 48 years old) who was on the top of the steering force of the damaged vehicle, such as spatitis and tension, which requires a medical treatment for about two weeks, and went away from the scene without taking measures such as stopping and providing relief to the victim, even though the damaged vehicle was damaged by the repair cost equivalent to the amount of the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A survey report on the actual condition of traffic accidents, photographs on the scene of occurrence, and photographs on the destruction of each vehicle;

1. The driver's license ledger;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to report on investigation (referring to text messages related to the scrapping of damaged vehicles);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Criminal Act as to the crime committed under the corresponding provision of the Act.

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