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(영문) 서울서부지방법원 2021.01.26 2020고단3707

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 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 the Grand Star Emergency Motor Vehicle B.

On August 17, 2020, the Defendant driven the above ambulances around 05:40 on August 17, 2020, and moved to the right bypass from the upper rock distance in Mapo-gu Seoul, Mapo-gu to the direction of the upper rocks underground roadway.

In this case, the driver of the vehicle has a duty of care to keep the accident in advance by placing the front side and the left side well, accurately operating the brake and steering gear, and proceeding to the right side of the center line.

Nevertheless, the Defendant neglected this and failed to accurately operate the brakes and steering gear, and caused the Defendant to shock the front part of the Defendant’s emergency rescue vehicle in front of the three cargo vehicles, which was driven by the victim C (Y, 58 years old) who was in the opposite direction over the center line by the negligence of bypassing over the center line.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc., which requires medical treatment for about two weeks, and at the same time, avoided the 2,694,646 won of the repair cost, such as the exchange of panion vehicles owned by the victim, and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared and made by the police for C;

1. A written diagnosis on the actual condition of a traffic accident and a written estimate for repair expenses;

1. Application of the Acts and subordinate statutes governing the photograph of damaged vehicles, a photograph of a camera image installed in the north of the World Cup, a photograph by cutting down the CCTV traffic control CCTV image on the upper throid, a photograph by cutting down the CCTV image image installed on a road where a melting vehicle proceeds, a photograph of a melting vehicle submitted by the borrower of the vehicle, a photograph of the vehicle, a photograph comparing the external appearance of the vehicle, a photograph by cutting down the CCTV image in the vicinity of the suspect's office, and a photograph by cutting down the

1. Article 5-3 (1) 2 and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.