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(영문) 서울중앙지방법원 2016.12.21 2016고단6826

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

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 of the vehicle B at low price.

At around 13:30 on April 12, 2016, the Defendant, at the Gangnam-gu Seoul Metropolitan Government KHxro, was going to the front of the modern department store intersection, as an area of the Korean provincial airport, and went to the direction of Samsung Station.

In this case, a person engaged in driving duties has a duty of care to safely drive the steering gear, brake system, etc. in a way that accurately handles the steering gear, etc. by reducing speed and closely examining the direction and the right and the right of the road.

Nevertheless, the Defendant did not discover the victim C(the age of 63) who was temporarily stopped on the front side of the said vehicle due to negligence by neglecting the above duty of care and did not discover the rocketing taxi and received the back part of the said taxi as the front part of the said car.

As a result, the Defendant suffered injury to the climatic salt, etc. requiring medical treatment for about three weeks, and at the same time, the Defendant, while destroying the said taxi to take necessary measures, such as aiding and abetting the victims, immediately stopping the said taxi, without taking necessary measures, such as aiding and abetting the victims.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. 교통사고보고⑴⑵ 실황조사서

1. Each investigation report (including the sequence 16, 19, and appended materials of evidence list);

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 related to the relevant criminal facts, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. The fact that the defendant under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation has no criminal records of punishment heavier than the fine so far, and the vehicle operated by the defendant is the vehicle.