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(영문) 서울북부지방법원 2017.01.19 2016고단4833
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 KS7 car.

On September 1, 2016, the Defendant driven the above car at around 04:45, and operated a two-lane road in front of Seoul Central Government, Jung-gu, Seoul, at the speed of about 30km from the side to the side of the tri-distance, along one-lane.

At the time, there was a new wall, and there was an intersection at the front door, so in such a case, there is a duty of care to check whether a person engaged in driving a motor vehicle is a person who gets on the way to reduce the speed and to see well the right and the right and the right of the motor vehicle and to drive the motor vehicle safely

Nevertheless, the Defendant neglected this at a speed and found the way to the right side on the left side of the crosswalk, which is facing the negligence of passing through the intersection of the traffic distance as it is, without any delay, and found the victim D (e.g., 67 years old) late later, and took a sudden action to avoid a collision at that time, but the Defendant did not avoid it, but did not take part of the victim's bridge and had the victim go beyond the floor.

Ultimately, even though the Defendant suffered injury, such as “an external blood transfusion with no one who has an open address,” which requires the victim to receive approximately 14 weeks of medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding and abetting the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Each traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 (Options of imprisonment with prison labor)

1. The scope of recommendations according to the sentencing guidelines for traffic crimes for the reasons of sentencing under Article 62(1) of the Criminal Act, the standards for suspension of execution, the fact that only one defendant has been sentenced to a fine, and the vehicles driven by the defendant are covered by the comprehensive insurance.

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