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(영문) 서울중앙지방법원 2018.08.22 2018고단4060
특정범죄가중처벌등에관한법률위반(도주차량)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

The defendant is a person who is engaged in driving a C-Scar.

On April 27, 2018, the Defendant driven a low-speed car at a level of 21:50 minutes, and proceeded with the same main road located in Gangnam-gu Seoul Metropolitan Government at a speed of about 30 km per hour according to three-lanes of Cheongdam-gu.

At that time, the Defendant was behind the victim D(65) driven by the EM5 vehicle in the same direction, and there was a situation where the vehicle was opened and the body of the vehicle was reduced, so there was a duty of care to prevent the accident in advance, such as thoroughly giving the vehicle to the driver, securing the safety distance to avoid the vehicle when the vehicle stops, and securing and driving the safety distance to avoid the accident.

Nevertheless, the Defendant neglected this and did not discover the driving of the SM5 passenger vehicles, and did not proceed with it, and received the part of the Defendant behind the 5 passenger vehicles with the top-down driver in front of the low-priced passenger vehicle.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim D, such as light finites, finites, and finites in need of treatment for about three weeks, and finites, finites, ginites, ginites, ginites, and ginites in need of treatment for about three weeks to the victim F (5 years old), and escaped without taking necessary measures, such as providing relief to the victim F (5 years old) who was on board the SM5 vehicle, while destroying the SM5 vehicle to the extent of 575,496 won in repair cost, and immediately stopping the vehicle, without taking necessary measures.

Summary of Evidence

1. Defendant’s legal statement

1. A written statement on the occurrence of D traffic accidents;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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