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(영문) 서울동부지방법원 2015.04.30 2015고단567
특정범죄가중처벌등에관한법률위반(도주차량)등
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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 e-cub vehicle C.

On December 13, 2014, at around 00:45, the Defendant came to turn to the left at the intersection of the Ariririday of Gangdong-gu Seoul Metropolitan Government 4,5,7 intersection from the entrance of the Gangseo-gu.

At that time, there is a place where traffic is controlled because signal lights are installed, so in such a case, the defendant engaged in driving service has a duty of care to prevent accidents in advance by proceeding in accordance with the good faith.

Nevertheless, as part of the Esch Rexroth of the victim D(58) driving that turns left at the right-hand edge of the signal at two-lanes due to the negligence in violation of the signal, the latter part of the Esch Rexroth driver's driving of the defendant is collisioned with the defendant's driving's driving on the right-hand side of the Esch Rexroth driver's vehicle, and the damaged vehicle's driver's driver's side of the damaged vehicle's side F(46 years old,000 won) is on the left-hand side side and the tensions, etc., the damaged vehicle's driver's side of the damaged vehicle's side (7 years old,000) with the upper-hand side of the damaged vehicle's side, and the damaged vehicle's side and tensions to G(5 years old,00 won) with the upper-hand side of the damaged vehicle's driver's side. At the same time, H(7 years old,00 won old, and 280 thousand won or more of the damaged vehicle's property needs to be damaged.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written Statement;

1. A traffic accident report;

1. Each written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to written estimates, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

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 of the Criminal Act for discretionary mitigation.

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