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(영문) 서울남부지방법원 2013.08.28 2013고단1440
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving duties of K7 cars.

On March 24, 2013, the Defendant driven the above vehicle at around 05:24, and continued to drive it on the front side of the “news Officetel” located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, to drive it on the front side of the front side of the “ News Officetel”, which is located in the front of the “Nek-dong digital school located in the front side of the Dong-dong digital school located in Geumcheon-dong, Geumcheon-gu, Seoul. In addition, the Defendant neglected to perform his/her duty at front and to perform his/her duty at front and failed to properly operate the steering and brake system, and caused the Defendant to go on the front side of the Defendant’s vehicle in the front side of the instant direction. The Defendant continued to take the front side of the Victim E (E, South, 39 years of age) coming from the front side of the Defendant’s vehicle and continued to go beyond the ground.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim E, such as the left-hand salt, etc. requiring approximately two weeks of medical treatment, and at the same time, the Defendant, while destroying the said Radar car with approximately KRW 1,083,600 to the repair cost, did not immediately stop the car and escape without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. A traffic accident report;

1. A written statement on the occurrence of each traffic accident (F, H);

1. Specifications and estimate of the automobile inspection and maintenance;

1. A medical certificate;

1. Judgment on the assertion by a defendant and his/her defense counsel on the investigation report (traffic accident circumstance, etc.)

1. The alleged defendant asserts that he did not have the intent of escape since he was unable to recognize the sufficient facts of the victim E with the defendant's vehicle after driving at the time of the instant case.

2. In order to recognize the escape under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, a driver shall recognize the fact that the victim was killed due to an accident.

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