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(영문) 서울동부지방법원 2016.10.26 2016고단2673
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

around 21:30 on June 19, 2016, the Defendant driven a coos car B, and led the Defendant to make a right-hand turn to the scoos car from the direction of the scoos park at an unscood speed, along the five-lane front of the exit road of the scoo-dong, Songpa-gu, Seoul.

In such cases, when a person engaged in driving of a motor vehicle intends to make a right-hand through an intersection, he/she has a duty of care to prevent accidents in advance by driving along the right-hand side of the road.

Nevertheless, the Defendant neglected to do so and negligently caused occupational negligence bypassing from five lanes as it is, without changing the vehicle line, the part of the injured party’s driver’s seat of the DaW car in the direction of the Defendant’s proceeding to the right side of the NAW car in the above NAW car in the front side of the above NAW car, and due to the shock, the injured party’s and the passenger E (n.e., the 39 years old) suffered injury, such as salt, tension, etc. in each of the above 2-day medical treatment, and at the same time, the above BMW car was destroyed to the extent of 3,232,240 won, such as the exchange of the left LW panel, and immediately stopped on the franch and does not take necessary measures, such as aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C and E;

1. Investigation report (specific circumstances of the suspect), investigation report (victim C’s hearing of statements);

1. Application of the Acts and subordinate statutes on vehicle register, each written diagnosis, written estimate, and each vehicle photograph;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (Desertion after Death or Injury), Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes (Measures Not Taken after Destruction

Article 40 or 50 (Selection of Imprisonment)

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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