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(영문) 서울동부지방법원 2013.11.28 2013고단2713
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 who is engaged in driving a set of vehicles E.

On March 6, 2013, the Defendant operated the above car at around 01:00, and proceeded ahead of the road 607-3 in Gwangjin-gu, Seoul Special Metropolitan City with two-lanes of two-lanes from the front-dong bank to the middle valley bank.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by reporting the traffic situation on the front side and right side of the motor vehicle.

Nevertheless, the Defendant neglected to do so and went away without taking necessary measures, such as aiding victims, even though he was able to damage the said cargo amounting to KRW 972,649, KRW 57,00,00, while taking the side part of the driver’s seat of the said passenger vehicle from the G 51-2-lane drive of the said passenger vehicle, the victim H (57 years old) and the passenger of the said cargo vehicle, the victim H (57 years old) and I (49 years old), who are the seat of the said cargo, to receive approximately two-day medical treatment, and at the same time, escaped without taking necessary measures, such as aiding victims, even though the said cargo is damaged by the repair cost of the said cargo vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police of the F;

1. Each statement of H and I;

1. A report on traffic accidents and a report on actual condition;

1. Compilation of photographs and CCTV video data;

1. Application of the Acts and subordinate statutes to each written diagnosis and written estimate of general repair expenses;

1. Article applicable to criminal facts;

(a) The escape after the injury resulting from occupational negligence: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Point of a measure not taken after an accident: Articles 148 and 54(1) of the Road Traffic Act;

1. Commercial concurrence and selective punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment shall be imposed by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims who are the largest penalty and imprisonment with prison labor);

1. The grounds for discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act are as follows.

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