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(영문) 서울남부지방법원 2013.07.24 2013고단1664
특정범죄가중처벌등에관한법률위반(도주차량)등
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 vehicle B at low price.

On April 11, 2013, at around 20:58, the Defendant proceeded with one lane of the three-lanes in the front letter of the Guro-gu, Guro-gu, Seoul Special Metropolitan City, the Guro-gu, the Guro-gu, the Guro-gu, the Guro-gu, the Guro-gu, the Seoul Special Metropolitan City, at a ebbbbbrance of the ebrancebr.

Although a person engaged in driving service has a duty of care to drive thoroughly while driving a motor vehicle, the defendant neglected to do so, and due to the negligence of the defendant's failure to do so, received the rear part of the 49cc motor bicycle driven by the victim C (the age of 38) who stops in order to give signals at the front direction of the defendant's driving.

The Defendant, by occupational negligence, sustained injury to salt panions, etc., which requires approximately two weeks of treatment to the victim, and at the same time, did not immediately stop the above Oral Ba so that approximately KRW 623,000 of repair cost would break down and escape without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession and reflect, and considering the fact that damage is relatively minor and is subscribed to the comprehensive motor vehicle insurance);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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