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(영문) 서울남부지방법원 2015.01.23 2014고단4586
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 who is engaged in driving a B-Wood vehicle.

On October 30, 2014, the Defendant driven the above car at around 23:20 on October 30, 2014, and driven the four-lane road above the off-road of the off-road road in Guro-gu Seoul Metropolitan City along the center of Guro-gu at the speed of about 50 K km each hour along four-lanes from the parallel of the road along the direction of the road.

At this point, four lanes are divided into two lanes in which signal lights are installed in the front line, so in such a case, there was a duty of care to safely drive a motor vehicle in the surrounding traffic condition and prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to take part in the front of the Defendant’s vehicle, and instead found that the victim C(29 years of age) who driven on the five-lane side with the direction of the five-lane line after being sent a traffic signal at four-lanes in front of the same direction while driving the signal at four-lanes in front of the same direction, was at the right right side of the victim’s front-way vehicle without avoiding it.

Ultimately, the Defendant, by occupational negligence as seen above, sustained from the victim E (n, 27 years of age) who was on board the victim and the damaged vehicle with approximately two weeks of injury, such as light and chest salt requiring medical treatment, and at the same time, escaped without immediately stopping the said damaged vehicle so that approximately KRW 1,257,410 of repair costs may be damaged to the said damaged vehicle, and thus, failed to take measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report (1) (2);

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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 committed;

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation Criminal Act;

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