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(영문) 서울북부지방법원 2014.02.13 2013고단3136
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 car in DM525.

On October 13, 2013, the Defendant driven the above car at around 00:40 on October 13, 2013, and proceeded with the same line, which is located in 120-2, Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, as the middle-west intersection, from the front intersection to the middle-west intersection.

At night, as a person engaged in driving service at night, there was a duty of care to safely operate the front door and left door.

Nevertheless, the Defendant was negligent in neglecting this and proceeding on the right side of the Defendant’s driver’s vehicle, and was in progress on the right side side of the Defendant’s driver’s vehicle in the direction side. The Defendant received the part left side side of the Defendant’s driver’s vehicle E (the age of 27).

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim G (30 years of age) and the victim H (56 years of age), respectively, due to climatic clifs, etc. requiring treatment for about two weeks, and at the same time, destroyed the back clifs, etc. of the said damaged vehicle to repair expenses of KRW 1,39,820, and escaped without taking necessary measures, such as making a stop immediately and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. A report on traffic accidents and a report on actual condition;

1. Each written diagnosis;

1. Written estimate;

1. Application of each statute on photographs;

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, and Articles 148 and 54 (1) of the Road Traffic Act (the point of view of the measure not to be taken after the destruction of property);

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

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

1. Article 62 (1) of the Criminal Act;

1. The fact that a community service order or an order to attend a lecture is highly likely to be an accident due to drinking operation under Article 62-2 of the Criminal Act, the fact that the drinking operation was controlled even before the medical draft, and the fact that it was not agreed with the victim; and

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