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(영문) 서울중앙지방법원 2016.02.12 2015고단8122
특정범죄가중처벌등에관한법률위반(도주차량)등
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

On December 3, 2015, the Defendant, without a driver’s license, driven a low-speed line of Catp on a 19:55 December 3, 2015, and proceeded at a speed of two-lanes depending on the two-lanes among the three-lanes in flow through the crosssection of 142 square meters in the intersection of the Seoul Dongjak-gu Seoul Metropolitan Government.

Since the location is an intersection where signal, etc. is installed, in such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with traffic signals.

Nevertheless, the Defendant neglected to do so and got the victim D (44 ) who normally proceeds from the right side of the direction to the right side of the direction of the course by the negligence in contravention of the signal, and was driven by the victim D (44 ) to the right side of the EKaren motor vehicle driving in accordance with the signals.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt and tensions that require approximately two weeks of medical treatment, and, at the same time, destroyed the repair cost of KRW 1,513,565, and escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The actual investigation report on traffic accidents;

1. Photographs of an accident vehicle;

1. The driver's license ledger;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after traffic accidents), Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act (only between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act (not after the accident). The crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be imposed.

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