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(영문) 서울중앙지방법원 2013.09.13 2013고단4312
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 vehicle.

On December 07, 2013, at around 07:06, the Defendant was proceeding with GSwork in front of GSwork in the 678-23, Gangnam-gu, Seoul, Seoul, as the front of GSwork in front of GSwork.

Since there is an intersection where traffic control is not performed, a person engaged in driving service has a duty of care to check whether there is a vehicle under direct control by reducing the speed or temporarily stopping the vehicle.

Nevertheless, the Defendant neglected this and neglected to take part in front of the left-hand part of the victim D(53 years old) driving, which was directed from the direction-hand side of the Defendant’s proceeding, to the Hawn-Ann-do in the direction-hand side of the Defendant’s proceeding, and was led to the front-hand part of the car driven by the Defendant.

The Defendant, by negligence in the above occupational negligence, sustained injury to the above victim, such as a ice dog, a ice dog, etc. requiring medical treatment for about two weeks, and, at the same time, did not immediately stop the said damaged vehicle while causing damage to the 314,398 won of the repair cost, and escaped without taking any measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the decision of a sentence) are traffic crimes, traffic accidents, escape after traffic accidents, and escape after Type 1 (the act of escape after bodily injury).

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