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(영문) 서울북부지방법원 2018.02.19 2017고정1945

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D's car.

On July 19, 2017, the Defendant driven the above car at around 00:30, and driven the five-lane road in front of the Seoul Western-gu E, Jung-gu, Seoul, along the three-lanes of the upper upper and lower lower-class vehicular road at the speed of about 10km along the three-lanes.

At the time, the Defendant, prior to the same direction, was followed by a passenger taxi in G Gonta, who driven by the Victim F (64) in the same direction. In such a case, the Defendant was obliged to take a duty of care to prevent accidents by checking the situation, and to ensure safety by checking well the right and the right of the course of the vehicle driver.

Nevertheless, the Defendant neglected this and received the front part of the passenger car driving by the Defendant without considering the speed of the front vehicle in which the Defendant is driving by the victim F due to negligence.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim F in two parts, such as 2 weeks of medical treatment, and suffered injury to the victim H (V, 19 years of age) who was on a taxi driven by the victim F, about two weeks of medical treatment, including f58,00 won of repair cost, such as exchange of back panscopirs, and escaped without taking necessary measures, such as aiding and abetting victims, even if the Defendant destroyed the franchis to the degree of 658,000 won of repair cost, such as exchange of back panscophers, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each supplementary statement of H and A;

1. The actual investigation report on traffic accidents;

1. An accident scene photograph;

1. A copy of each general medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes applicable to accident visual images;

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 under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1.Article 40 of the Criminal Code of Trade and Trade.