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(영문) 서울북부지방법원 2016.10.11 2016고단2775
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 of C Freight.

On February 14, 2016, the Defendant driven the above cargo vehicle on February 23:05, and proceeded with the intersection of the Seocho-gu Seoul Special Metropolitan City, the Seocho-ro 2 Incheon Metropolitan City, Seocho-do, in the direction of the monthly or underground road from the 2nd intersection, and made the turn to the left of the Republic of Korea University.

At this point, the defendant engaged in driving service has a duty of care to drive in accordance with good faith.

Nevertheless, the Defendant neglected this and received the front portion of the E-vehicle driven by the victim D(39 years of age) who was on the right left due to the negligence of the Defendant in violation of the signal.

Ultimately, the Defendant suffered injury to the victim D (the 39-years of age), such as cage cage cages, tensions, etc., which require approximately two weeks of medical treatment due to such occupational negligence, and at the same time, the Defendant left the scene without immediately stopping the said damaged vehicle owned by the victim F so that it can be damaged by the repair cost of KRW 4,016,988, and without taking necessary measures, such as providing relief to the victim and disclosing personal information.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

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

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. The scope of recommendations according to the sentencing guidelines for traffic crimes with reason of sentencing under Article 62 (1) of the Criminal Act, the criteria for suspension of execution, the fact that vehicles operated by the defendant are subscribed to the Financial Cooperative, the defendant deposited one million won for the victim D, and the fact that the occurrence of the accident in this case acted as the fault of the victim D, who violated the signal;

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