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(영문) 서울북부지방법원 2021.01.28 2020고단3156

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 three 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 CK5-type taxi owned by B.

On May 26, 2020, the Defendant driven the above vehicle at around 09:50 on May 26, 2020, and led the front of the Seoul Western-gu D to drive the front of the road in the direction of a two thousand long distance from the surface of the bank.

In such cases, a person engaged in driving duty has a duty of care to confirm and proceed with the safety of career by properly examining the entire course and the left and right.

Nevertheless, the Defendant neglected to do so and driven the front side of the Defendant’s vehicle, and caused the victim’s vehicle E, who was in a temporary stop on the right side of the front side of the Defendant’s vehicle, to have the part of the Defendant’s vehicle back to the front part of the Defendant’s vehicle after the Defendant’s vehicle’s vehicle’s G Rano car car, which is owned by the Defendant’s 25 years old-old vehicle, and caused the above damaged vehicle to become an 3-car vehicle owned by the victim’s H, which was parked earlier.

Ultimately, the Defendant, by such occupational negligence, suffered from the victim F in the absence of any room in the two cases where approximately three weeks of care is open to the victim F, and instead did not take necessary measures, such as aiding expenses of KRW 4,309,531, and aiding and damaging the said G vehicle of KRW 1,49,000, while destroying and damaging the said I vehicle of KRW 1,49,000, and fled the Defendant’s vehicle of KRW 30,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to F and J;

1. A H statement;

1. A survey report on actual conditions;

1. Blucs cambling CDs;

1. A medical certificate;

1. Written estimate;

1. Investigation report ( telephone conversations with K of a taxi company involved in implementing relief measures);

1. Investigation report ( telephone conversations with police officers called out to the scene concerned in compliance with relief measures);

1. Application of Acts and subordinate statutes accompanying damaged vehicles booms and video CDs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury) and Articles 148 and 54(1) of the Road Traffic Act (the measure that was not taken after the accident).