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(영문) 서울중앙지방법원 2014.11.07 2014고단6714
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

The defendant is a person who is engaged in driving a Bsch Rexroth car.

On August 5, 2014, at around 20:40, the Defendant run one-lane between the two-lanes in the direction of the opening distance in the Dogdong, Gangnam-gu, Seoul.

At the same time, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle along the lane and prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not keep the lane, and instead failed to do so, received the above part of the left-hand pan-consect and pentum on the left-hand pan-consected vehicle and the pentum in front of the right-hand pentur.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim C, such as light dump dump, which requires a medical treatment for about two weeks, and suffered injury to the victim E (the 29-year old-old passenger) who is the passenger of the said dump dump vehicle, such as shoulder dump dump, which requires a medical treatment for about three weeks, and escaped without taking necessary measures, such as providing relief, by immediately stopping the said dump vehicle, so that the sum of the repair cost is equivalent to KRW 791,876.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. Vehicles, photographs and images;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation and mitigation of crimes under Articles 53 and 55 (1) 3 of the Criminal Act is pening errors, the fact that there is no criminal record of imprisonment without prison labor or heavier punishment, and a comprehensive motor vehicle insurance;

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