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(영문) 서울남부지방법원 2013.04.19 2013고단722
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a salary-free vehicle B.

The defendant, around January 2, 2013, around 19:27, the road located in Geumcheon-gu Seoul Metropolitan Government 998-2, Geumcheon-gu, Geumcheon-gu, Seoul, had the two-lanes of the road at the speed of the non-speed in accordance with the two-lanes of the road from the Silung-dong to the Silung-dong.

In such cases, a person engaged in driving duty has a duty of care to properly see the front section and the left and right, and to prevent accidents by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected to drive and put a boat, and failed to find out that the Done Star Vehicle (5 years old) driven by the victim C (55 years old) driving was stopped in order to wait for the signal, and went away as it is, by negligence, without finding out the back portion of the said Lone Star Vehicle as the front offender of the said francing vehicle, and suffered injury to the victim, such as light base salt, which requires approximately three weeks medical treatment, and at the same time, destroyed the above francing vehicle to cause damage to KRW 2,795,766 for repair cost, and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, written estimate, and written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Jan. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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