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(영문) 서울동부지방법원 2020.08.14 2020고단1714

특정범죄가중처벌등에관한법률위반(도주치상)등

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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 is engaged in driving a ice B's off-line.

On April 20, 2020, the Defendant was driving the above Orabab on the front of Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) on the front of the road, and continued to proceed along the opposite direction from the Olympic Winter Park to the opposite direction. On April 20, 2020, the Defendant came to the intersection of the Gu doctor distance.

In such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by driving the motor vehicle on the right side of the road.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the ground floor by being driven by the victim D (EW125 years old, south and 36 years old) who was going to go in accordance with the straight line of the vehicle straight line from the area of the children's park site to the front part of the front part of the ice-to-face, which was driven by the victim D (EW125 years old, south and 36 years old, on the ground side of the left part of the ice-to-face.

As a result, the Defendant, by occupational negligence, sustained injury to the victim, such as salt ties and tensions on the left-hand hand, which require approximately two weeks of medical treatment, and at the same time, escaped without immediately stopping the said WW125 Oral Ba in order to have it repaired in the amount of KRW 2,231,000, and without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a DNA traffic accident;

1. A medical certificate;

1. Written estimate;

1. Application of the Acts and subordinate statutes to capture CCTV images of suspect mobile lines;

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, and 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) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the same.