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(영문) 서울동부지방법원 2018.10.25 2018고단2532
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 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 car in XG.

On May 2, 2018, the Defendant driven the above car at around 15:40 on May 2, 2018, and continued the front road of Gangdong-gu Seoul Metropolitan Government C at about 30 km from the room of the Dongho-dong office to the middle school protection area.

Since it is a one-way road, there was a duty of care to proceed only in one direction to a person engaged in driving of a motor vehicle according to instructions.

Nevertheless, the Defendant neglected this and received the back portion of the E-si driving which the Defendant drives in front of the car driving by the victim D (60 tax) who moves back in order to deduct the vehicle from the parking lot due to the negligence of driving one-way roads.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as aiding and abetting the victimized person by immediately stopping the said taxi, even though the repair cost of KRW 1,138,036 was damaged to the extent that the said taxi was damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. A certificate of multiple copies;

1. A medical certificate;

1. Photographs;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the accident);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

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 reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures [any unfavorable circumstance] The crime of this case is personal and physical for the victim by causing traffic accidents.

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