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(영문) 서울남부지방법원 2013.08.28 2013고단2318
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 ice car.

On May 25, 2013, the Defendant driven the above vehicle around 07:10, and operated the front intersection of the gate middle school located in 44, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu in accordance with the two parallel direction in the direction of Gyeyang-dong.

Since the location is an intersection with signal apparatus, the driver has a duty of care to safely drive as instructed by signal, etc. on the front side and prevent accidents.

Nevertheless, the defendant neglected this and got the victim E (the 72 years old)'s bicycle back part of the victim E (the 72-year old bicycle) who was driving a bicycle in the same direction as the vehicle that the defendant is driving in the same direction as the vehicle that the defendant is driving, and the victim E (the 72-year old bicycle) who was driving a bicycle was driving in the right direction from the left side of the vehicle to the right side of the green light.

Ultimately, the Defendant, due to such occupational negligence, destroyed the victim C’s repair cost of KRW 1,111,440, such as the exchange of the victim’s above vehicle in front of the accident, and at the same time suffered injury, such as the mouth of the necessary slope, etc. accompanied by an inner slope, such as the need for treatment for about six weeks, and did not immediately stop and stop, and did not take necessary measures, such as aiding the victim C and E, and went away without leaving the Defendant’s driving vehicle as it is at the accident scene.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written statement on the occurrence of each traffic accident;

1. A motor vehicle estimate;

1. Application of Acts and subordinate statutes of a medical certificate;

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 of the Road Traffic Act.

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