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(영문) 서울서부지방법원 2018.04.19 2018고단67
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 BMW car.

On November 14, 2017, the Defendant driven the above car at around 23:05, and driven the road of the Yongsan-gu Seoul Metropolitan Government and the four-lanes in front of the lower west, located in the 417th region, along the two-lanes of the above road from the direction of the community service center to the south west.

At night, the defendant's vehicle is at night, and in front of the defendant's vehicle, the F rocketing taxi driven by the victim E (67) was in progress. In such a case, the defendant engaged in driving duty has a duty of care to see the front side and to prevent the accident from keeping the safety distance.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, received the part of the Defendant’s vehicle front part of the passenger car.

As a result, the Defendant suffered injury, such as damage to knee bones, which requires treatment for the victim about two weeks due to such occupational negligence, and at the same time escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the taxi, after destroying the f17,198 won of repair cost, such as exchange of knee snee snee se sengs owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written diagnosis and written estimate for repair;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 5-3 subparag. 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 (the point of failing to take measures after the accident)

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances favorable to the reasons for sentencing Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures have been agreed with the victim.

o Unfavorable circumstances: the defendant is in 2015.

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