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(영문) 서울서부지방법원 2016.05.31 2016고단629
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 a period of 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 BP car.

On January 19, 2016, the Defendant driven the above car at around 23:50, and led to the four-lane road in front of the gas station located in Daegu Dong-gu C, Daegu to a two-lane distance from the airport intersection to the intersection, at which the two-lanes cannot be known.

In this case, there was a duty of care to prevent accidents, such as a person engaged in driving of a motor vehicle, and a person who has a duty of care to prevent accidents by properly manipulating and safely driving steering devices, brakes, etc.

Nevertheless, the Defendant neglected to do so and did not properly see the front section, and instead proceeded in the front section by negligence, received the part of the Defendant’s front section of the victim E-driving car, following the FM car run in the front section.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the party during approximately three weeks of care, and at the same time escaped without immediately stopping a vehicle owned by the said victim while destroying approximately KRW 3,399,676 of repair cost, and thereby destroying the said vehicle to rescue the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes with heavier punishment)

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):

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