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(영문) 서울동부지방법원 2013.03.20 2013고단100
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 engaging in driving a PP car.

On November 21, 2012, the Defendant was driving the said car at around 20:00, and was driving on the road in front of the 412-12 "Jon" road in Gangdong-gu Seoul, Gangdong-gu, Seoul, along the direction of the street, along the one-lanes of the three-lane road in the direction of the road along the road along the road along the direction of the road, and was going back again as he was able to drive the U.S. in the opposite road beyond the median line and turned back at once.

In such cases, a driver has a duty of care to prevent accidents due to safe progress after checking the future and the right and the right and the right and the right and the right and the right and the right and the right and the right are safe.

Nevertheless, the Defendant neglected this and went away without taking measures such as destroying approximately KRW 2,034,00 at the repair cost of the above Orala and aiding and abetting the victim, which was driven by the victim C(20 years of age) along two-lanes in the direction of Maduba, which was driven by the victim C (20 years of age) who was driving in the direction of Mad UM125 Quba, with the back part of the Defendant’s passenger car, resulting in injury to the victim, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. A report on traffic accidents and a report on actual condition;

1. A criminal investigation report ( telephone conversations of a suspect), a criminal investigation report (to-2), a criminal investigation report (CCTV video verification), and a criminal investigation report (to be accompanied by CCTV video data);

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

1. Article applicable to criminal facts;

(a) The point of escape after the death or injury of a business operator: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Point of a measure not taken after an accident: Articles 148 and 54(1) of the Road Traffic Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act, which is heavier than that of ordinary concurrences and punishment.

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