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(영문) 서울북부지방법원 2016.12.23 2016고합459
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, 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 the operation of a rocketing car.

On December 23, 2015, the Defendant driven the above car on December 23, 2015, while driving the two-lanes in front of Dongdaemun-gu Seoul Metropolitan Government D in front of the shooting distance from the shooting distance room of the shooting place to the rapid speed, and changed the lanes to the two-lanes.

At night and on the right side of the two-lane, the victim E (the age of 57) was driving, and in such a case, the driver of the vehicle has a duty of care to give an advance notice of the change of course by operating the direction, etc. to the person engaged in driving the vehicle, and to change the vehicle line by properly examining the traffic situation of the front and rear left-hand.

Nevertheless, the Defendant neglected to do so and received the part of the Defendant’s passenger car in front of the left-hand side of the said taxi as a part of the Defendant’s passenger car by changing the car line.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim E in need of approximately two weeks of medical treatment, committed an injury to the fluoral base, etc., the Defendant, who is a passenger of the said taxi (37 years of age), sustained an injury to the fluoral base in need of medical treatment for about two weeks, and sustained the injury of the fluoral base in need of medical treatment for about two weeks to the same victim H (41 years of age), and escaped without taking necessary measures, such as checking the damage caused by a traffic accident that causes damage to the said taxi in excess of KRW 1,205,368, and immediately stopping the said taxi, and checking the damage caused by the damage and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. Written estimate;

1. The part and degree of injury as indicated in the judgment: The application of each medical certificate to 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 (1) of the Road Traffic Act concerning the crime;

1. Commercial concurrence;

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