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(영문) 서울북부지방법원 2017.09.21 2017고단3008
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

The Defendant is a person engaging in driving a rocketing car.

On July 8, 2017, the Defendant driven the above car at around 23:05, and was set temporarily in order to move the road of the front side of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul to a king mountain direction from the direction of the king as sun Lake.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as accurately operating the steering system, brakes, and other devices of the motor vehicle, and taking into account the surrounding traffic conditions.

Nevertheless, the Defendant neglected to do so and stopped at the later bank due to his negligence, and received the front part of the victim D(56) driving E, which was driven by the Defendant, as the front part of the Defendant’s operation of the said rocketing car.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim D, such as cerebral tensions, which had no head open in need of approximately two weeks medical treatment, and suffered injury to the victim F (62 years of age) of the said rocketing, requiring approximately two weeks medical treatment, and at the same time, escaped without taking necessary measures, such as extinguishing KRW 3,115,78 of the said rocketing car to repair cost, while destroying the said rocketing car to the victim F (62 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes to a survey report on actual conditions, a written statement on the occurrence of a traffic accident, each medical certificate, and written estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution;

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