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(영문) 서울남부지방법원 2014.11.28 2014고단3886
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 B Poter cargo vehicles.

On September 16, 2014, the Defendant driven the above cargo vehicle at a speed of about 30km per hour according to the two-lanes between the 4-lanes in the direction of the Gangseo-gu Office, Gangseo-gu, Seoul, the roads in front of the Driju station in Gangseo-gu, Seoul.

In such cases, a person engaged in driving service has a duty of care to safely drive in a manner that well sees the front side and the left side.

Nevertheless, when the Defendant neglected his duty of care and neglected to stop in the front of the front-standing passenger vehicle, the Defendant came to go to the front part of the cargo vehicle driven by the victim E (the age of 43) after the right side of the F bargaining passenger vehicle driven by the Defendant, and the Defendant continued to stop in the front of the front-standing passenger vehicle while the said fright passenger vehicle was pushed back in the future. The Defendant got to get the back part of the H-E-hurd passenger vehicle driven by the victim G(the age of 31) who stopped in the front of the said fright passenger vehicle.

The Defendant’s occupational negligence inflicted injury on the above victim E, such as influor and infinite salt in the part of the item of which detailed information requiring treatment for about two weeks is unknown, and inflicted injury on the fluoral finites, etc. requiring treatment for about two weeks to the above victim G, and suffered injury to the victim I (32 years of age) who took advantage of the above fluoral finites, etc., requiring treatment for about two weeks, and at the same time, 2,24,248 won of the repair cost for the above finites finites finites finites finites finites finites finites finites finites finites finites finites finites finites fins

Summary of Evidence

1. Defendant's legal statement;

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, and Articles 148 and 54 of the Road Traffic Act concerning the crime.

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