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(영문) 서울남부지방법원 2016.11.24 2016고단2584
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On May 2, 2016, the Defendant driven the said car at around 09:40, and led the two-lanes of the two-lanes in the Hoamam Apam in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, to drive the said car at about 50 Kkm in the speed of Si/Gun/Gu, depending on two-lanes in the direction of the mountain uniforms tunnel, from the boundary of the intersection entrance.

There is a duty of care to make a person engaged in driving service not to overtake as an overtaking-prohibited area as a tunnel.

Nevertheless, the Defendant was driven by the victim D(the age of 57) who was under way at a one-lane of the two-lanes by negligence in order to overtake with neglect to do so, and was driven by the victim D(the age of 57). The Defendant was followed by the left side part of the vehicle driven by the Defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injuries to salt and tensions that require approximately two weeks of treatment, and at the same time, escaped without any necessary measures, such as stopping, even though the repair cost of the said damaged vehicle is damaged to ensure that the repair cost of the said damaged vehicle would be equivalent to KRW 327,866, and thus, aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes to a traffic accident report (1) (2), a vehicle photograph, diagnostic certificate, written estimate, and investigation report (attached medical records of a victim);

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 (the point of escape after occupational injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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. Article 62 (1) of the Criminal Act;

1. The circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: In addition to a fine imposed only once.

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