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(영문) 춘천지방법원 2020.05.20 2019고단1208

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

except that 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

On July 21, 2019, at around 04:40 on July 21, 2019, the Defendant driven a B rocketing car, and led to the flow of the two-lane road in Seoul, Yangyang Expressway, the Seoul Hongcheon-gun Seoul Hongcheon-gun, which is located in the written Materna, to the non-speed speed depending on the Seoul Myeon.

Since the victim C(the age of 49) was operating a rocketing taxi vehicle in front of the same lane at the time, there was a duty of care to prevent accidents by accurately manipulating the course, the direction and the left side of the vehicle, and maintaining the safety distance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and caused the above part of the rocketing taxi driver’s back of the said rocketing taxi driver’s vehicle to be shocked by the front part of the said rocketing taxi driver’s vehicle, and caused the victim to lose the center and to return it to the left side by shocking the wall of the tunnel.

Ultimately, the Defendant, by occupational negligence, inflicted injury on the victim C, such as 'heat without any string in the two heats requiring approximately three weeks of medical treatment,' on the part of the victim E (the age of 47) who was on board the said rocketing taxi vehicle, and inflicted injury on the victim E (the age of 47) in need of approximately two weeks of medical treatment, such as 's salt ties and tensions', and escaped without necessary measures such as the victim's damage to repair cost to approximately 13,359,520 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Each written diagnosis;

1. Written estimate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs for damaged vehicles;

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 by applicable law;

1. Trade name;