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(영문) 서울남부지방법원 2015.10.01 2015고단3163
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 engaging in driving a rocketing car.

On July 25, 2015, the Defendant driven the above car at around 23:08, and turned to the left the intersection of the tri-distance of the waters located in 847 on the Guro-gu Seoul, Guro-gu, Seoul, at the erode, from the erode to the erode of the Korea Water

At this point, there is a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving service.

Nevertheless, the Defendant neglected this and neglected to turn to the left on the straight line in violation of the signal, and received the part of the victim C(47 years old) driving in accordance with the straight signal from the part adjacent to the Defendant’s running direction with the rear wheels of the Defendant’s driving car, which was driven by the victim C(47 years old).

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer injuries, such as salt, tensions, etc., in need of a stable price for about two weeks, and at the same time, escaped without taking necessary measures, such as immediately stopping the said taxi to ensure that approximately KRW 1,399,028, such as the exchange of the post-Lice pans, etc., are damaged, and the said taxi was destroyed to move away without any necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a written diagnosis and written estimate of general repair expenses;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the degree of injury in this case and the fact that there are only the previous convictions of fines);

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

1. An order to attend a lecture shall be rendered for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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