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(영문) 서울북부지방법원 2013.09.17 2013고단1180
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 DNA car.

On April 26, 2013, at around 01:28, the Defendant driven the said car that was not covered by mandatory insurance, and driven the intersection in front of 499-1, Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, along the two-lanes of the two-lanes in the direction of water basin from the floodside of a similar distance.

At all times, the defendant, who is engaged in driving of a motor vehicle along an intersection with a signal, had a duty of care to prevent accidents by checking and observing the signal in advance before entering the intersection.

Nevertheless, the Defendant, by occupational negligence in violation of the signal, received the back part of the left side part of the FST5 private taxi driven by the victim E (the age of 53) driving on the left side of the said car from the right side of the course due to the fact that he violated the signal, and thereby suffered injury to the victim, such as climatic salt, etc. requiring treatment for about two weeks, and at the same time, escaped without taking necessary measures such as providing relief to the victim, etc., even though he damages the above taxi's side even though he did not immediately stop the 2,800,202 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police concerning E (Simplified traffic);

1. The actual condition of traffic accidents;

1. A written diagnosis of victims;

1. Written estimate of damaged vehicles;

1. Application of Acts and subordinate statutes of mandatory insurance policy;

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, Articles 148 and 54 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Do vehicle and the Do vehicle)] of the same Act;

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