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(영문) 서울중앙지방법원 2018.02.07 2017고단8631
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above sentence 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 who is engaged in driving service of Churd motor vehicles.

On October 18, 2017, the Defendant driven the above vehicle at around 21:57, and proceeded along the two-lane road near the old fishery market in Dongjak-gu Seoul Metropolitan Government Nowon-gu, Seoul, along the direction of credit from the Han River Intersection.

In such cases, the driver of the motor vehicle has a duty of care to prevent accidents by reporting the traffic situation in front and safely driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, led the victim D(W, 51 years old)'s part in front of the left-hand side of the vehicle and the right-hand side of the vehicle, which led to the victim D(W, 51 years old)'s right-hand side, which led to a right-hand side of the vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, immediately stopped the damaged vehicle to the victim D, and escaped without taking measures such as aiding the damaged person, even though the victim FF (the 54 years old), who was on board the damaged vehicle, suffered bodily injury, such as climatic salt, etc. for about two weeks in need of medical treatment, and at the same time, damaged the damaged vehicle to a level equivalent to KRW 915,121 (including value added tax) for repair.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A statement of occurrence of a traffic accident prepared by the F;

1. An explanatory note (No. 5 times a year), an internal investigation report (No. 11 times a year), each investigation report (No. 13 and 15 times a year), and a next red inquiry (No. 17 times a year);

1. Each written diagnosis of F and D;

1. Written estimate;

1. Application of a vehicle photograph (No. 4 once a year), an accident scene photograph (No. 14 once a year);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Criminal Act concerning the crime as provided in the corresponding Article of the Act on the Aggravated Punishment, etc. of Specific Crimes

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