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(영문) 서울남부지방법원 2017.08.17 2017고단2736
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a motor vehicle B, who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as “Aggravated Punishment, etc.”).

On March 14, 2017, the Defendant driven the above car on March 16, 2017, and led the Defendant to proceed along one-lane between the five-lanes from the IC room in New Month to the front intersection as the 939 Yacheon-ro, Yangcheon-ro, Yangcheon-gu, Seoul National Assembly.

In such cases, the driver of the motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle and to prevent accidents in advance by safely reporting the traffic situation, such as power control and left and right-hand, etc.

Nevertheless, the Defendant neglected to proceed with the vehicle in the same direction, and the part behind the victim C(Wz's 24 years old) who stops in the same direction was shocked with the front part of the Defendant's vehicle, and due to the shock, the said sz's vehicle was pushed forward in the future, and the part behind the FWz's cargo vehicle driven in the front of the said sz's vehicle was concealed with the front part of the said sz.

Ultimately, the Defendant by such occupational negligence sustained injury to the victim C and the victim G (58) who was a passenger of the passenger car at the time of the above operation, by causing about three weeks of medical treatment respectively, and at the same time, the Defendant did not take necessary measures such as immediately stopping the said passenger car to rescue the damaged by immediately stopping it, even though the Defendant destroyed the said passenger car to take 6,873,441 won, such as the exchange of the NAE, etc.

2. On March 14, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a vehicle B, without obtaining a driver’s license, from the road located in the Seo-gu Incheon Seo-dong, Seo-gu, Incheon to the National Assembly adjacent to the Yangcheon-gu, Yangcheon-gu, Yangcheon-gu, Seoul to approximately 15km.

b)a summary of the evidence;

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