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(영문) 서울북부지방법원 2015.05.14 2014고단3719
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) were operated by the Defendant on August 3, 2014, around 05:10, and the BMW car was driven by the Defendant on the BMW car, and the distance of the shooting distance from the front of the CY-gu Seoul Central Government Office to the military guard.

At the time, it is difficult to see at night, and the driver has a duty of care to properly see the direction of progress and the left and right, and to accurately manipulate the steering direction and the brake system, to prevent the accident from spreading.

Nevertheless, the Defendant neglected this and proceeded without reducing speed, and caused the collision between the front part of the victim D(73 years old)-K5-si driving in the direction of the military and the rear part on the left side of the vehicle of the Defendant.

As a result, the Defendant suffered injury, such as salt, tension, etc. of the bones, which requires treatment for about two weeks, and at the same time escaped without stopping the damaged vehicle and taking measures such as providing relief to the victim, even though the damaged vehicle’s repair dog was damaged to an extent equivalent to KRW 1,081,617.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the Defendant operated the said BMF motor vehicle at around 05:10 on August 3, 2014, which is not covered by mandatory insurance from the long distance from the front and front of the Seoul Western-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A traffic accident report;

1. Mandatory insurance policies;

1. A written diagnosis and written estimate;

1. Application of each statute on photographs;

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, the Guarantee of Automobile Accident Compensation Act.

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