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(영문) 서울서부지방법원 2017.03.16 2016고단3115

특정범죄가중처벌등에관한법률위반(도주치상)등

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

However, the execution of the above sentence 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 engaged in driving a e-sports motor vehicle.

On June 30, 2016, the Defendant driving the above car at around 01:30, and driving the side road without two lanes in Mapo-gu Seoul Metropolitan Government F on the side of the road at a non-exclusive speed in the direction of the upper water area from the breadth.

At the time, a person engaged in driving of a motor vehicle was at night and had a duty of care to safely proceed according to the traffic situation by accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected to do so, and went on the right side of the Defendant’s car, caused a collision between the left side of the H SPP car operated by the injured party G on the right side of the Defendant’s car with the left-hand side of the victim I (W, 24 years old) who was on the right side at the time of the collision with the victim I (W, 24 years old) who was on the right side.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim I on the left-hand hand son, and the complete salt son before the left-hand side, due to the above occupational negligence. At the same time, the victim G’s car was damaged by 167,000 won, such as the exchange of a driver’s seat, and escaped without taking necessary measures, such as immediately stopping the victim G car to rescue the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and G;

1. A traffic accident report;

1. Investigation report (verification of CCTV images), crime prevention CCTV photographs;

1. The vehicle of the defendant, the vehicle of the victim, or the body photograph of the victim;

1. A medical certificate;

1. Application of the written estimate for vehicle repair;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury or injury caused by duty), Articles 148 and 54 of the Road Traffic Act concerning the crime.