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(영문) 서울동부지방법원 2021.01.11 2020고단3015

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of 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 B Poter cargo vehicles.

On August 14, 2020, the Defendant driven the above cargo vehicle around 00:40, and led to the three-lane road in front of the after-door Seoul apartment C, Songpa-gu, Seoul, along the direction of Seoul D kindergarten, along two-lanes in the direction of the after-door Seoul apartment.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to safely drive a vehicle in the opposite direction by observing the lane to a person engaged in driving the vehicle so that it does not impede the passage of the vehicle in the opposite direction.

Nevertheless, the Defendant neglected this and proceeded with the opposite lane due to the negligence of driving the median line by the driver of the injured E (51) drive, which led to the opposite lane, and received the parts of the taxi from the left side of the said cargo vehicle.

As a result, the Defendant suffered injury to the victim, such as brain-dead in the two mains of which treatment is required for approximately two weeks of medical treatment by occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the taxi to ensure that repair costs equivalent to KRW 6,117,70, which are owned by the victim, are damaged, and the Defendant escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to the actual survey report;

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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One year to thirty years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of traffic crime] shall be limited to the scope of the recommended punishment [the type of traffic crime]. The escape after the traffic accident [the type 1] is injured [the escape [the person who is subject to special sentencing].