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(영문) 서울동부지방법원 2016.06.09 2016고단1000
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of 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 CM520.

On 20:01 on 28. 201. 20:01, the Defendant driven the above car, and moved by right the road of 197 Sc-dong Sc-ro, Songpa-gu, Songpa-gu, Seoul, along the three-lanes of Sc-dong Sc-ro, Seoul, along the direction from the front apartment to the intersection.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a way to reduce the speed and to see well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the defendant neglected to take care of the front side without properly examining the front side, and found the road from the right side of the defendant's running direction to the left side of the road to the left side of the road, delayed detection of the victim D(W, 57 years old) and failed to stop, but did not stop. The victim's left side with the front side of the vehicle.

Ultimately, even though the Defendant suffered from an injury, such as the light 3, 4, by negligence of the above occupational negligence, in the left-hand 6 weeks of treatment, the Defendant immediately stopped and escaped without taking measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. Application of the medical certificate, each photographic statute;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (agreement with the victim);

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