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(영문) 서울동부지방법원 2014.05.08 2014고단533
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

On October 16, 2013, the Defendant was a person engaging in driving a B window-stom car, who was driving the said car at around 11:15, and was driving the car at around three-lanes of the village distance between 174-1 and 5 lanes in Gangdong-gu Seoul Metropolitan City, Gangdong-gu.

At the same time, there were other vehicles running along the vehicle due to the body of the vehicle, so in such a case, the Defendant, who is engaged in driving the vehicle, had a duty of care to safely drive the vehicle by properly operating the boom, accurately operating the operation and steering gear, maintaining the sufficient safety distance from the front vehicle.

Nevertheless, the Defendant neglected this and failed to maintain the safety distance and failed to drive the vehicle by negligence, and led the victim C (the 35-year old-old driver) to drive the Dom5 car, which was behind the Defendant’s driving.

Ultimately, the Defendant, by such occupational negligence, avoided the injury to the victim C, such as cerebrovasium, which had no head open in order to treat the damaged vehicle for about two weeks, suffered injury to the victim E (the victim E (the 39 years old), the victim F (the 32 years old), etc. of the bones in need of medical treatment for about two weeks, and escaped without any measure such as stopping the damaged vehicle to cause damage to KRW 1,662,280, such as the exchange of livers of the damaged vehicle, and saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Each statement of E and F preparation;

1. Application of the Act and subordinate statutes to a survey report on actual condition, each written diagnosis, and written estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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