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(영문) 서울남부지방법원 2018.05.24 2018고단1685
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in driving of a two-wheeled vehicle.

On March 3, 2018, at around 08:55, the Defendant entered the direction of the Gwanak-gu Seoul Special Metropolitan City residents center in the Gwanak-gu, Seoul Special Metropolitan City.

Since there is a place where a vehicle is going straight along the lane, in such a case, a person engaged in driving service had a duty of care to safely drive the vehicle with the vehicle driving along the first lane by accurately operating the steering wheel and brake system before entering the lane.

Nevertheless, the defendant neglected this and got the victim F(60) who operated the E-wheeled Vehicle as one lane in the direction of the Gwanak-gu Seoul Special Metropolitan City community service center due to the negligence of entering the lane to cross the road.

Ultimately, the Defendant, due to the above occupational negligence, suffered from the victim’s string of the string frame of the string part in need of approximately six weeks of treatment, and at the same time, even though the string vehicle was damaged by the repair cost of KRW 191,00, it did not immediately stop the string vehicle and did not take necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A statement of the occurrence of a traffic accident of F;

1. A traffic accident report;

1. CCTV images CDs or photographs at the scene of an accident;

1. A medical certificate;

1. Application of the written estimate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment shall be heavier).

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