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(영문) 서울남부지방법원 2016.04.08 2016고단447
특정범죄가중처벌등에관한법률위반(도주차량)
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 a period of two years 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 BM3 car.

On December 19, 2015, the Defendant driven the above car around 00:00 and proceeded with the three-lanes in front of the Seoul Yangcheon-gu Seoul Metropolitan Government bank in accordance with the two-lanes in the direction of the elementary school in the direction of the Gangseo-gu elementary school.

At the time, there is a duty of care to prevent accidents by thoroughly operating the front hour and operating the brake system accurately, because the vehicle is at night and is in the front door of the defendant, and thus, the driver was engaged in driving service.

Nevertheless, the defendant neglected to do so and did not discover the D SP car of the victim C (Woo 26 years old) who was parked in the front bank for the signal waiting at the front bank due to negligence that caused the defendant to neglect the duty of the front bank, and proceeded without finding the D SP car in the upper right part of the defendant's vehicle.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim C, such as light salt in need of approximately two weeks’ medical treatment, and committed an injury to the victim E (V, 26 years old), who was on board the head of the above SP car operation, for about two weeks’ medical treatment, without taking necessary measures, such as providing relief to the victim E (V, 26 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A traffic accident report;

1. A report on internal investigation (the confirmation of images of a victim's vehicle booms);

1. A written diagnosis of E;

1. Report of investigation (verification of suspect's records of the same kind);

1. Application of accident site photographs and accident video-related Acts and subordinate statutes;

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 facts constituting an offense provided for in the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act 1.

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