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(영문) 서울북부지방법원 2021.02.04 2020고단804
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B taxi.

On November 26, 2019, the Defendant driven the above taxi on November 26, 2019, and continued to drive the three-lane road in front of the Seoul Southern-gu, Gangnam-gu, Seoul along one-lane.

Since there is a crosswalk on which signal lights are installed at the front of that place, in such a case, the driver of the motor vehicle has a duty of care to check whether there is a pedestrian, to check whether there is a pedestrian, and to safely drive the motor vehicle in accordance with the new code, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and led the victim to go beyond the floor by neglecting that the vehicle driving signal is a red light and driving as it is, on the left side of the direction of the defendant's driving, putting the left side of the victim D ( South, 57 years old) who dried the crosswalk to the left side of the direction of the defendant's driving, according to the pedestrian signals.

Ultimately, the Defendant did not take necessary measures, such as aiding the victim, even though the Defendant suffered from an injury to the pelle of a pelle that needs to be treated for about five weeks due to such occupational negligence, and did so by getting the victim on the said car and getting the victim on board the said car, and escaped after getting about 150 meters away from the said accident site in front of the Seoul Southernbuk-gu E.

Summary of Evidence

1. The Defendant’s partial statement witness F and G’s statement protocol filed by the police on each of the statutory statements D cannot be said to have made a statement on the establishment of the petition due to illness, such as brain surgery, degradation of memory, dementia, etc., and participated at the time of preparation of the statement protocol;

Since F's statement proves a unique state, it is admissible in accordance with Article 314 of Criminal Procedure Act.

The defendant's statement of traffic accident is a traffic accident investigation report, a photograph of CCTV images, a photograph of image CCTV in the business establishment, CCTV CD, each investigation report (a witness's information, suspect's specific).

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