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(영문) 서울북부지방법원 2018.01.18 2017고단4835
특정범죄가중처벌등에관한법률위반(도주차량)등
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 the operation of the C Launa car.

On June 13, 2017, the Defendant driven the above rocketing car on the 11:35th day of June, 2017, and entered the right-hand road in the right-hand apartment of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, for a right-hand line from the rear door of the apartment of the 31st century, and changed the vehicle immediately from the third lane to the first lane.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering system, brakes, and other devices of the motor vehicle according to the traffic conditions of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected this and had the victim D (65 years old) who was proceeding two lanes in the direction of the tin basin in the Han River basin on the part of the Han River basin in Han River basin, and had the front part of the E-to-face operated by the victim D (65 years old) who was proceeding in the direction of the Han River basin, conflict with the other part after the left side of the skin.

Accordingly, the Defendant, by such occupational negligence, escaped without taking necessary measures, such as saving the injured party and saving the injured party, even though the Defendant suffered from the damage equivalent to KRW 2,440,00, such as the repair cost, which requires approximately two weeks of treatment on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Report on the occurrence of a traffic accident and report on a traffic accident;

1. Accident vehicles and on-site photographs;

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

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 Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution;

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