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(영문) 서울북부지방법원 2019.09.19 2019고단2768
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Grandroth.

Around 22:00 on May 14, 2019, the Defendant driven the above van and proceeded straight along the four-lanes in front of Seongbuk-gu Seoul Metropolitan Government with two-lanes in the direction of D University from the end rock.

In this case, the driver of the motor vehicle has a duty of care to safely drive the steering on the front left and right well and the steering system accurately.

Nevertheless, the defendant's negligence, which led to the failure to stop on the road as it is, conflicts with the right side side of the victim E (the 29-year-old driver's 29-year-old driver's vehicle) with the front side of the vehicle of the defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as the definite base, etc. requiring three weeks of treatment, but failed to immediately stop and take necessary measures, and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report (1, 2) - The actual condition survey report;

1. A medical certificate;

1. Photographss of the part of the collision of the damaged vehicle, photographs of the harming vehicle, photographs of the scene of the accident, CCTV photographs at the entrance of the G apartment, and CCTV closure photographs of the G apartment parking lot;

1. Application of the Act and subordinate statutes on video recording of damaged vehicles, CDs, illegal stopping control, and multi-purpose CCTV images, H, and CCTV video recording of route buses to the Act and subordinate statutes on CDs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be limited to the mitigated area (6 months to one year) (including a person who has been specially punished) (including a serious effort to recover damage) after traffic accidents.

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