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(영문) 서울중앙지방법원 2016.12.07 2016고단7269
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 08:00 on April 28, 2016, the Defendant driven a B K3 car, and proceeded with a one-lane of the front of D in Seocho-gu Seoul Metropolitan Government C, at a speed of about 20 km from the spashtop room to the flat as long as it is normal.

Since the center line of the road has been considered as the center line, there was a duty of care to prevent accidents in advance by reducing the speed, properly manipulating the steering direction and brake system so as not to exceed the center line.

Nevertheless, the Defendant neglected this and went to the right by receiving the front part of the Fio car driven by the victim E, which was directly driven by the injured party E, due to the negligence in the course of driving the central line of the road, and then proceeding to the right side by driving it again.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim, such as light fluoral dume and scale dume in need of treatment for about two weeks, and, at the same time, escaped without stopping and taking necessary measures such as providing relief to the victim, even though the Defendant destroyed the flue car so that the sum of 1,629,582 won, such as the exchange of front fluors,

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement of the occurrence of each traffic accident prepared by E and H;

1. A traffic accident report;

1. Traffic accident black boxes and video CDs;

1. A medical certificate;

1. Application of the written estimate for checking and maintaining motor vehicles;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment heavier than that and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment provided for the crime of bodily injury resulting from

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