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(영문) 서울서부지방법원 2015.09.08 2015고단1724
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for one year.

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 driving CK5 cars.

At around 05:30 on May 14, 2015, the Defendant driven the said car at the lower west-gu 166-19 Doo-do Doo-do Doo-do Doo-do Doo-do Doo-do Doo-do Doo-do Doo-si, leading to a shooting distance at the entrance of the Doo-do.

At that time, the victim D(74 years of age) was walking, so in such a case, the person engaged in driving of the motor vehicle has a duty of care to live well and safely in the vicinity of the motor vehicle.

Nevertheless, the defendant neglected such duty of care and did not live well in the surrounding area, and caused the victim D to use the part of the victim D's lusium in the front part of the car driving by the defendant on the side of the cross-city bus terminal by the negligence.

In this accident, the victim suffered from a string of the following bridge part requiring treatment for about three weeks, and the victim immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on investigation (specific details in vehicles C) and a report on investigation (specific suspect);

1. A copy of the vehicle rental contract;

1. Each photograph;

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 and Article 268 of the Criminal Act regarding the crime. Article 5-3 (Selection of Imprisonment)

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant could have been punished due to traffic accidents and drinking driving, etc., and the defendant's crime of this case committed the crime of this case without taking measures such as aiding and abetting the victim while driving the said vehicle, which is a siren vehicle at the time of the traffic accident in this case, shocking the pedestrian victim while driving the said vehicle, and resulting in the victim being used on the road.

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