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(영문) 서울북부지방법원 2020.04.28 2020고단119

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

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 a vehicle B.

On November 29, 2019, the Defendant driven a car above the west Island around 10:00, and led to a two-lane road in front of the Seoul Northern apartment on April 19, 201, from the surface of the shooting distance to the surface of the mine shooting distance.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle at all times and safely operate the motor vehicle.

Nevertheless, the Defendant neglected to do so and was driven by the Defendant on the left-hand part of the Eststyna taxi driven by the victim D (year 70) waiting to make a U-turn in the opposite direction to the right-hand part of the car, while driving by the Defendant beyond the median line.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and at the same time, the Defendant, while destroying the said rocketing car to the extent of KRW 1,076,656, such as inter-routers exchange, did not immediately stop and escape without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a report on actual condition, photographic materials, and accident video;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing of Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures are being tried by causing traffic accidents involving signal violations.