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(영문) 서울북부지방법원 2013.04.11 2012고단2934
특정범죄가중처벌등에관한법률위반(도주차량)
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 drives Category C cargo vehicles.

On October 12, 2012, the Defendant driven the above cargo vehicle at around 09:00, while making a left-hand turn from the 504 intersection of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul to the ethical distance from the eastwest-gu, the Defendant left-hand turn, and had the victim D (W, 77 years old) who was going to the East-gu Police Station from the ethical distance to the east-gu Police Station without viewing the front left-hand turn, and had the victim go beyond the front-hand part of the above cargo vehicle, and had the victim go to the front-hand part of the above cargo vehicle, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on occurrence, actual condition, and supplement statement of D traffic accidents;

1. A traffic accident report;

1. Afforestation photographs of the visual venue at the time of the accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although a victim's injury is serious under Article 62-2 of the Criminal Act of the community service order, the victim was involved in an accident while crossing the road in a place other than the crosswalk, and the victim was covered by a comprehensive insurance policy, and the defendant was involved in the defendant's fault in depth, and there is no other criminal records other than the fine for one time prior to the old time);

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