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(영문) 서울서부지방법원 2016.01.26 2015고단2665
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

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

On July 17, 2015, the Defendant driven the above car at around 16:40 on July 17, 2015, and driven the front road of Eunpyeong-gu Seoul Metropolitan Government D in the direction of the new elementary school in the direction of the new elementary school.

At the time, a bicycle driven by a victim E (67) is a prior bicycle along the lane change. In such a case, there was a duty of care to prevent an accident by driving a bicycle with due care in the movement of the preceding bicycle.

Nevertheless, the defendant neglected this and got the damaged person to go beyond the road with knee and knee in the right part of the passenger vehicle due to the negligence of the defendant's negligence.

Although Defendant 1 suffered injury to the victim due to such occupational negligence during about 12 weeks of the need to give medical treatment, Defendant 2 stopped immediately and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of E and F preparation;

1. A traffic accident report (a yellow investigation report);

1. The CD;

1. Determination as to the defendant's assertion in each medical certificate

1. The defendant's wrong assertion that the accident of this case occurred due to the shock of the victim by the defendant's vehicle. However, although the defendant was unaware of the occurrence of the accident of this case and did not take measures such as rescuing the victim and leaving the scene of the accident, the defendant escaped without taking measures when the accident of this case occurred, such as saving the victim after the accident of this case.

subsection (b) of this section.

2. Determination

A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides “The Road Traffic Act, such as Relief of Victims,” Article 54 of the same Act.

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