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(영문) 서울중앙지방법원 2014.06.13 2014고단1524
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 PAF car.

On December 17, 2013, the Defendant driven the above car on December 22:40, 2013, and driven the four-lane road of Do as the Olympic Games near the Han River of the Han River of Dongjak-gu Seoul Metropolitan Government at the 90-100 km each hour according to the four-lane of the road, depending on the 4-lane of the road.

At the time, the driver of a motor vehicle had a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as changing the vehicle line, etc., by taking into account the left and right of the motor vehicle's driver.

Nevertheless, the Defendant neglected this and neglected to change the two lanes from the four lanes to the three lanes, and received the back part of the Efran vehicle's right side of the victim D(W, 50 years old) driving, which was in the three lanes, into the left side of the driver's vehicle.

As a result, the Defendant committed the above occupational negligence to the victim D and the victim F (50 years old) who was on board the franchising car, respectively, with approximately two weeks of medical treatment. At the same time, even though the franchising car owned by the victim F was damaged by KRW 940,466, the Defendant did not immediately stop the franchising car and did not take measures such as saving the victim, even though it was damaged by the 940,466 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable mutatis mutandis to the crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction by occupational negligence);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act:

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