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(영문) 서울서부지방법원 2016.03.08 2015고단3302
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 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 Clearning car.

On November 8, 2015, the Defendant operated the above car around 04:00, and came to proceed to the direction of distribution comparison in the direction of distribution comparison, among the four-lanes of the 101 East-dong Samsung Fridong apartment in Yongsan-gu, Seoul, Yongsan-gu, Seoul.

At night, there was a motor vehicle preceding the same lane, and thus, in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle and prevent accidents by securing the safety distance with the preceding motor vehicle by reducing speed and accurately operating the steering gear and brakes.

Nevertheless, the defendant neglected this and proceeded with the same way of Madern by negligence.

D(44) Driving Ma-raying vehicles did not see the speeding of the Ma-raying vehicle, and the latter part of the Ma-raying vehicle was taken by the parts, etc. of the above Ma-raying vehicle into the left side of the said vehicle, was cut down immediately to the right side, and 180∑ 180· Ma-rayed.

Defendant 1 suffered from the victim’s around two weeks of medical treatment due to such occupational negligence in light of the foregoing: (a) at the same time, Defendant 2 did not immediately stop the said multi-use vehicle and take necessary measures, such as providing relief to the injured party; and (b) went away without leaving the said car as it is, even if the said multi-use vehicle was damaged to the extent of KRW 1,580,000,000,000,000,000,000,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Part D in the second examination protocol of the suspect of the police against the defendant;

1. A written statement on the occurrence of D traffic accidents;

1. A fact-finding survey report and a traffic accident occurrence report;

1. A written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes on the part of collision;

1. Article 5-3 (1) 2 and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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