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(영문) 서울남부지방법원 2014.04.25 2014고단352
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 multilateral car.

On November 18, 2013, the Defendant driven the above car at around 15:35 on November 18, 2013, and proceeded one-way passage from the 650-ro, Yangcheon-gu, Seoul to the Gyeong apartment zone from the side of both river and middle school at about 10 km each hour.

At this point, there is a sign prohibiting entry into a one-way road, and at the front of the road, a crosswalk without a pedestrian signal has been installed. In such a case, there was a duty of care to observe one-way traffic for a person engaged in driving of a motor vehicle and to prevent an accident by driving the motor vehicle in advance by checking whether the person engaged in driving the motor vehicle is at a speed and not.

Nevertheless, the Defendant neglected this and found the victim C (at the age of 10) who was coming from the front side of the Defendant’s vehicle in the course of the course of the vehicle in the course of the course of the vehicle in the course of the course of the vehicle in the course of the course of the vehicle in the course of the course of the course of the vehicle in the course of the course of the course of the vehicle in question, but did not avoid the situation, and had the victim go beyond the ground with the right side of the vehicle in question.

Ultimately, even though the Defendant suffered from an injury, such as saved salt saves, etc. by each side of the two weeks of treatment, due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused (including D or C's statement);

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

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, Article 268 of the Criminal Act and the choice of imprisonment with labor concerning the crime;

1. The fact that the defendant does not take necessary relief measures under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, but does not immediately leave the scene immediately after the accident.

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