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(영문) 서울남부지방법원 2016.12.01 2016고단4371
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Category C cargo vehicles.

Around 21:30 on May 3, 2016, the Defendant was driving the above cargo truck and continued from 33rd side of the Nam-gu Seoul Metropolitan Government, Yangcheon-gu, Seoul Metropolitan Government, into the front side of the D.

At that time, the Defendant discovered a F lus vehicle driven by the victim E, who bypassed from a monthly road to 33-lanes in South-west circulation. In such a case, the Defendant had a duty of care to take care of the situation of the other vehicle in the vehicle driving service and to prevent the accident in advance by driving safely to the right side of the road while driving the vehicle safely.

Nevertheless, the Defendant neglected this and proceeded as it is, while having received the parts as fences after the driver's seat of the above cargo vehicle, as part of the driver's seat of the above cargo vehicle.

The Defendant, by these occupational negligence, sustained injury to the victim G (V, 65 years old) who was boarding the said vehicle at the same time, and, at the same time, did not take necessary measures, such as destroying the said vehicle owned by the victim E, and immediately stopping the said vehicle and providing relief to the victim, etc., so that the repair cost, such as the maintenance of the sales price for the 1,613,874 won, can be seen as KRW 1,61,00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each E statement;

1. On-site photographs;

1. A medical certificate;

1. Written estimate;

1. Report on investigation (the details of handling reported cases);

1. A investigation report (CCTV image analysis report);

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. The point of a foreign-capital invested vehicle for criminal facts: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade shall be judged more severe.

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