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(영문) 서울남부지방법원 2016.08.30 2016고단1079
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 car in the B SP area.

On February 4, 2016, the Defendant was driving the said car around 05:10, and was proceeding to the intersection of the high-priced vehicular road of the new 41 Do-ro, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul. On February 4, 2016, the Defendant stopped at one-lane in order to turn to the left at the seat of the new Do-do high-priced vehicular road.

Since there is a lux road, there was a duty of care to prevent accidents by accurately manipulating the brakes to those engaged in driving service.

Nevertheless, the Defendant neglected to operate the operation of the operation system and caused the following by the negligence of erroneously operating the operation of the operation system of the vehicle, and caused the victim C(54) who was under the stop of the vehicle subsequent to the said vehicle, to shock the front part of the vehicle into the back part of the said vehicle.

Ultimately, the Defendant, in the above occupational process and room, sustained injuries, such as light, scarcity, scarcity, and right-hand scarin salt, the right-hand bed salt, the right-hand bed salt, and the brain salt in both sides, and the brain salvin, and escaped without taking necessary measures, such as destroying 137,00 won in front of the above rocketing taxi to rescue the damaged and stopping.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. A yellow survey report, a black stuff and a video CD;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (attached to a suspect's confirmation letter of payment of insurance proceeds);

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 (the point of absence of accident) concerning the crime;

1. The crimes provided for in Articles 40 and 50 of the Criminal Act (aggressive vehicles) of the Act on the Aggravated Punishment, etc. of Specific Crimes with more severe punishment.

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