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(영문) 의정부지방법원 2013.11.29 2013고단2973
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 rocketing car.

At around 15:30 on July 4, 2013, the Defendant driven the said car at the 95th Fluteral Tridong, Gi-si, Gyeonggi-do, and led to turn to the left at an unfluent speed according to the two-lanes among the three-lanes in which the car was set off at a separate air route.

However, there was a duty of care for those who are engaged in driving service as an intersection with a large traffic volume, to live well on the front side of the direction of proceeding and to operate safely.

Nevertheless, the Defendant neglected to perform such duty of care and did not avoid driving of the E-line Cargo in the victim D(58 years old) driving prior to the end of the day, and received the part on the right side of the back side of the cargo being driven by the Defendant with the front part of the passenger vehicle driven by the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained a confection fatt for approximately two weeks to the above victim, and at the same time escaped without immediately stopping the above cargo and taking necessary measures, such as providing relief to the victim, even though it damages the above cargo so that the repair cost of approximately KRW 320,100, such as replacement of the rear light.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Accident site and vehicle photograph;

1. Memotograph photographs;

1. A medical certificate (D);

1. Written estimate;

1. A criminal investigation report (to be accompanied by background of arrest of a suspect and photographs);

1. Application of reply statutes to a request for 112 reported cases processing;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and 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. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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