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(영문) 서울중앙지방법원 2016.08.10 2016고단3313
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. Defendant A shall be punished by imprisonment for three years.

However, the above sentence shall be executed for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in driving of FF trucks.

On July 19, 2010, the Defendant driven the above vehicle at around 15:40 on July 19, 2010, and turn to the left at a speed of about 15 km per hour depending on the one-lane distance from the new distance to the distance of the fashion culture.

Since a crosswalk is installed on the front of that place without a pedestrian signal, in such cases, a person engaged in driving a motor vehicle has a duty of care to temporarily stop in front of the crosswalk and check out the passage of the pedestrian and prevent accidents, such as driving the motor vehicle, if a pedestrian passes the crosswalk while reducing the speed of the motor vehicle and properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and found it late to walk the above crosswalk of the victim H(W, 78 tax) in the course of the Defendant’s negligence, and found it late to avoid the victim. However, the Defendant did not reach the victim’s left part of the body in front of the right side of the above vehicle and had the victim go beyond the floor.

After the Defendant caused the above traffic accident with the vehicle that was not covered by the automobile insurance, the Defendant asked B to handle the accident as if he had caused the above traffic accident with another vehicle that was covered by the automobile insurance, and the police went away from the site before he arrived at the site of the said traffic accident. The victim was dead of the cerebral fee due to the above traffic accident at around 12:51 on July 29, 2010 while he was sent to the Sungpo-gu Seoul Metropolitan Government Sungpo University Sungpo-ro 1, 948 and was under medical treatment.

2. Defendant A and Defendant B driving the above cargo vehicle which was not covered by the automobile insurance at the time and place set forth in paragraph 1, and the vehicle accident was paid, Defendant B called to Defendant B.

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