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(영문) 서울서부지방법원 2016.08.18 2016고단1585
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person whose driver’s license was revoked as of September 4, 2010.

On April 26, 2016, around 17:40 on April 26, 2016, the Defendant driven a vehicle of about 500 meters from the new town of Eunpyeong-gu Seoul Metropolitan Government to the front side of the Eunpyeong-ro 10-9 new park.

2. The Defendant is a person who is engaged in driving a motor vehicle B newD sprinked XD motor vehicle.

On April 26, 2016, the Defendant driven the above car on April 17:40, 2016, and driven the front side road of Eunpyeong-gu Seoul Metropolitan Government 10-9 New Alley Park at a speed that cannot be seen as the front side road of the new Alley Park at a new university.

In such cases, there was a duty of care to prevent accidents in advance by safely driving the driver, such as making a well-brupter in front of the driver and accurately operating the steering gear and brake system of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded without looking well at the front side of the Defendant’s vehicle, and by negligence, went to the right side from the left side of the running direction of the Defendant vehicle, received the front part of the Defendant’s vehicle’s front part of the bridge C (11).

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as a booming wound in need of treatment for about two weeks, but failed to immediately stop and take measures such as providing relief to the victim, and escaped as it is.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual survey report and the driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of escape after the injury of occupational negligence), Article 152 subparag. 1 of the Road Traffic Act.

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