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(영문) 서울남부지방법원 2015.08.13 2015고단2183
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 of Cone Star Motor Vehicle.

On May 17, 2015, the Defendant driven the above vehicle on May 17, 2015, and led to the flow of 2225-1, located at the coast of Guro-gu Seoul, Guro-gu, to the king basin of the East River.

Since there is an intersection where signal lights are installed, there was a duty of care to safely drive the driver according to the direction of signal apparatus by reducing speed and by properly examining the right and the right of the driver.

Nevertheless, the Defendant neglected to stop the vehicle driving signal even though it was a stop signal, and instead proceeded so far, the part of the rear wheels of the victim D (the age of 60) driving, which was driven by the error attributable to the error attributable to the front part of the car, according to the vehicle driving signal while driving.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim D, such as salt, tensions, etc., which requires a medical treatment for about two weeks, and sustained injury to the victim FF (the age of 64) who was on board the said lusent motor vehicle, such as salt, tensions, etc., requiring a medical treatment for about two weeks, and escaped without immediately stopping the said lusent motor vehicle to cause damage to KRW 3,309,738, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to D by the police;

1. The actual condition survey report;

1. Application of each written diagnosis and written estimate under Acts and subordinate 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;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution;

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