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(영문) 서울중앙지방법원 2018.11.21 2018고단3742

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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 driving a cuss car in E.

On August 15, 2017, the Defendant, at around 21:55, driven a coos car above the upper half of the 2017, and made a left-hand four-lane road in front of G in F in the south of the Gyeonggi-do turn to the intersection from the G cafeteria parking lot, entered the two-lane road above the center line.

In this case, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to safely drive the motor vehicle while driving the motor vehicle on the designated lane without harming the central line.

Nevertheless, the defendant neglected the above duty of care and attempted to turn to the left due to the failure of the central line over the center line, and caused the victim H ( South, 19 years old)'s first driver's front part of the car in the Ireland to the back part of the car in Coos.

The Defendant, by the foregoing occupational negligence, sustained injury to the victim, such as salt, tensions, etc. at the top of the border for about three weeks, and at the same time, even though the said car was damaged by the repair cost of KRW 6,216,230, the Defendant left the vehicle without taking necessary measures, such as immediately stopping the damaged and providing relief to the injured party and informing him of his personal information and contact details.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. A traffic accident report;

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

1. A detailed statement of insurance money payment;

1. Application of Acts and subordinate statutes of a medical certificate;

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 Concurrent Crimes