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(영문) 서울서부지방법원 2015.09.22 2015고단1957
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 a car in a SP area.

On July 22, 2015, the Defendant driven the above car on the 00:50,000, and continued to run on the 4-lanes in front of the Silwon Post Office, Seoul Mapo-gu, Seoul, with four-lanes of the 106-lanes in front of the Silwon Post Office.

Since there are many signal-based vehicles near the intersection, the defendant engaged in driving service has a duty of care to drive safely by checking well the front door.

Nevertheless, the Defendant neglected this and proceeded with the Defendant’s fault, which led to the victim D (ma, 66 years old) who was waiting for a signal at the three-lanes, followed the Estyna taxi by the Defendant’s remaining parts on the left side.

Ultimately, the Defendant, by such occupational negligence, immediately stopped the victim, and escaped without taking necessary measures, such as aiding the victim, even though the victim FF (hereinafter referred to as "FF") who was on board the damaged vehicle with approximately two weeks of injury, resulting in bodily injury such as climatic salt, etc., requiring medical treatment for about two weeks, and at the same time, the victim FF (hereinafter referred to as "FF") who was on board the damaged vehicle, without taking necessary measures, such as aiding the victim by stopping a traffic accident that leads to a total amount of KRW 1,183,422, including exchanging the damaged vehicle and supplying the damaged vehicle

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement prepared by the F;

1. A traffic accident report;

1. Photographs;

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, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (the largest between crimes against violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act).

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