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(영문) 서울서부지방법원 2019.07.11 2019고단1365

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 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 the vehicle B at low price.

On March 7, 2019, the Defendant operated the said car at around 22:04, and continued two lanes in Eunpyeong-gu Seoul Metropolitan Government, along the intersection of the E Hospital, along the direction of E Hospital in the direction of E Hospital from the D School.

At the time, since vehicles were at night and at the front door, there were duty of care to prevent accidents by properly manipulating the front door and left door and the left door and the steering system and properly manipulating the steering system.

Nevertheless, the Defendant neglected to stop on the front side by negligence and caused the collision between G K5 private taxi driving G K2 of the victim F (the age of 62) who was standing on the front side of the said car and the front part of the said car. While the said private taxi was pushed down in the future, the Defendant got the victim H(the age of 47) driving.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim F, such as brain dead, etc. requiring medical treatment for about three weeks, and injury to the victim H, such as base salt, tensions, etc., which requires medical treatment for about two weeks, and at the same time, destroyed the said taxi to the extent that the amount equivalent to KRW 805,308, the repair cost is equivalent to KRW 4,216,320, respectively, and escaped without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Application of each written diagnosis and written estimate under the Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and 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. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;