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(영문) 서울중앙지방법원 2015.02.13 2014고단8667
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 a three-dimensional golf car.

On October 17, 2014, the Defendant driven the above car on October 03:48, 2014, and proceeded at the speed of 116-gil6 Eastern-ro, Gangnam-gu, Seoul, with the fourth 4-lane road from the shooting distance of the light apartment, to the private distance of Seoul Customs.

At night, in such a case, there was a duty of care to ensure safe driving by checking whether there are pedestrians or other vehicles standing on the frontway road by not driving the driver at night and reducing the speed of the driver.

Nevertheless, the Defendant neglected this and did not discover the victim D (the age of 26) who was working on the telecommunications line at the front direction of the Defendant’s proceeding while driving a stroke in a state of drinking, and did not receive the victim from the front direction of the car operated by the Defendant, and had the victim go beyond the ground. The Defendant received the telecommunications equipment at the construction site.

Ultimately, the Defendant, by the above occupational negligence, suffered from the blood cerebral brain in need of approximately six weeks medical treatment, and at the same time, destroyed the luminous convergence connection equipment, etc. owned by the victim E to take about KRW 9,559,000 of repair cost, and escaped without immediately stopping necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. A written statement;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

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

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