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(영문) 서울동부지방법원 2015.06.17 2015고단883
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 driving a CM5 vehicle.

On February 15, 2015, at around 05:55, the Defendant, at the time of Gancheon-ro, Gangdong-gu, Seoul, a 360-ro 360-ro, one-lane of the front of the Gancheon-ro apartment, was proceeding from the front of the Cheongcheon-gu, Seoul to the front line.

At the time, night and the speed limit is 40 km speed, so in such cases, the driver of the vehicle has a duty of care to observe the speed limit and to properly see the right and the right and the right, and to prevent the accident in advance by properly manipulating the operation and the steering gear, etc.

Nevertheless, the Defendant neglected to stop driving at a speed of 77 km per hour exceeding 37 km, and discovered the Estamper car driven by the victim D(57 years old) moving to the right-hand side of the moving direction at late, and operated it to avoid this, but the measure was insufficient and led to a conflict between the front part of the SM5 vehicle and the victim F(71 years old) driven by the victim F.(71 years old) moving to the right-hand side of the KM5 vehicle.

The Defendant, by its occupational negligence, sustained injury to the victim D, such as string and loss of unexploded dental appliances in treatment days, suffered from the victim F’s clocks in need of treatment for about two weeks, and at the same time, destroyed strings car with repair cost of KRW 3,585,81, and escaped without taking measures, such as aiding and damaging string taxi with repair cost of KRW 3,587,395, while stopping the string taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. The actual condition survey report;

1. Each written diagnosis;

1. Written estimate;

1. A comprehensive analysis of traffic accidents;

1. Accidents caused by video recording images of investigation reports and CCTVs;

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