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(영문) 서울중앙지방법원 2018.07.12 2018고단1644
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above punishment 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 K3 car.

On December 5, 2017, the Defendant driven the above car at a speed of 07:20, and driven the car at a sular speed, along with the side-way along which there is no difference between the breadth of the road front of Gangnam-gu Seoul, Gangnam-gu, Seoul.

At this point, one-way sign was installed, and the surface has a direction-setting sign, so in such a case, there was a duty of care to safely drive the vehicle to prevent accidents in advance according to the traffic sign and direction direction.

Nevertheless, the Defendant neglected this and took part of the front part of the EMW car driven by the victim D (42 tax) which is in progress in the direction of progress due to negligence, unlike the direction of one traffic sign and surface display, and received the front part of the EMW car from the Defendant.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim D, such as the need for a medical treatment for approximately two weeks, scarcitys, tensions, etc., on the part of the victim F (39 years old) who was on board the said D’s car, suffered from the injury of the victim F (39 years old) who was on board the said D’s car for about two weeks of treatment, and at the same time, 1,764,950 won of the repair cost was destroyed to the extent that the said BM car was damaged and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A traffic accident report;

1. Evidence photographs;

1. CCTV video CDs;

1. Each written diagnosis and written estimate (the defendant and his defense counsel asserted that the measures for relief are not necessary because they are minor injuries). As such, measures under Article 50(1) of the Road Traffic Act shall be taken, such as aiding and abetting the damaged person, as provided by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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