(영문) 서울동부지방법원 2019.10.31 2019고단2004

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(영문) 서울동부지방법원 2019.10.31 2019고단2004

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for six 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 engaged in driving a BM5 vehicle.

On June 5, 2019, the Defendant driven the above car at around 09:40, and proceeded at the speed of 20 km from the front speed of D in Gangdong-gu Seoul Metropolitan Government to the upper speed of D in accordance with the two-lanes from the upper distance flood to the upper speed.

On the other hand, there was a F K7 car driven by the victim E(n, 49 years of age). Therefore, the driver had a duty of care to prevent accidents by safely driving the car with the front line and the right and the right of the driver.

Nevertheless, the Defendant neglected this and proceeded with the lower part of the above K7 car which the victim drives as the front part of the said car by negligence.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc., in need of treatment for about two weeks, and at the same time, went away from the site without immediately stopping and taking necessary measures, even though the repair cost of the above K7 car, which is the victim, was damaged to the extent that the 1,019,909 won, such as the exchange of the victim, was destroyed by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A written diagnosis and written estimate;

1. Bluckings, video CDs, and vehicle photographs;

1. Determination of each investigation report (Evidence Nos. 20, 21) as to the assertion of the defendant and his defense counsel

1. A fact that the Defendant caused an accident involving a damaged vehicle by negligence; however, the Defendant did not recognize the fact that the accident occurred because of cerebrovascular aftermath or cerebral cancer at the time, etc., and when the signal at the time is changed, intending to put the vehicle on the roadside by operating the vehicle on the road.

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