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(영문) 서울북부지방법원 2016.02.02 2015고단4534
특정범죄가중처벌등에관한법률위반(도주차량)등
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM7 car.

On October 20, 2015, the Defendant driven the said car at around 02:55, and driving the said car along the three-lane road in front of Seoul Dobong-gu Seoul Metropolitan Government, along the two-lanes of the Scheon Underground Road and the two-lanes of the 3-lanes of the Sncheon Road. On the other hand, the Defendant received the two-lanes of the victim D(47 years of age) driving, which was driven by the Defendant in front of the Defendant’s car, due to the negligence of driving the said private distance, in violation of the signal, while the vehicle signal was a stop signal, and was driven in front of the Defendant’s car.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim D, such as finite finite, etc. in need of approximately two weeks of medical treatment, suffered injury to the victim F, who is the passenger of the said taxi (hereinafter “F, 30 years of age”), such as salt, tensions, etc. in need of medical treatment for about four weeks, and went away without taking necessary measures, such as aiding and damaging the said taxi to cover KRW 1,542,108, and leaving the said taxi on the road, without taking necessary measures, such as aiding and rescuing the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A traffic accident report (1) (on-site investigation report) and on-site photographs;

1. Each written diagnosis;

1. Written estimate;

1. Application of investigation reports (related to video-recording of damaged vehicles, CCTV images for crime prevention), black stuffs, and CCTV video-related 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 criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an 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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the punishment recommended for the sentencing criteria shall be commercial concurrent crimes; and

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