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(영문) 서울중앙지방법원 2013.05.03 2013고단1454
특정범죄가중처벌등에관한법률위반(도주차량)
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 low-speed car B.

On March 2, 2013, the Defendant operated the said car on March 15, 2015, and continued the front side of the 10-lane 19 Use Integrated Facilities, as Dongjak-gu Seoul Metropolitan Government, with about 20 km from the side of the Seongbuk Child Care Center to the gender-based market.

Since there is a house without distinction between the sidewalk and the roadway, in such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by driving the vehicle safely by keeping the front side and the left side well.

Nevertheless, the defendant neglected to do so and did not look at the right and the right and the right and the right and the left part of the victim C (the age of 25) who was coming on the right and right side of the passenger car of the defendant, was shocked by the defendant's driver's car operation chief.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, and so on, the need for a medical treatment of approximately two weeks, but immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1), (2);

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 and Article 268 of the Criminal Act concerning the crime committed;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [decision of a sentence] The reason for sentencing under Article 62(1) of the Criminal Act [the decision of a sentence], the first type (the escape after the bodily injury) - In the event of a minor injury (the scope of sentence), six months of imprisonment [the scope of sentence] - October] in the case of a minor injury, the degree of injury to the victim is relatively minor, the vehicle in this case is subscribed to a comprehensive motor vehicle insurance, and there is no criminal conviction exceeding the

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