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(영문) 서울중앙지방법원 2018.12.12 2018고단5372
특정범죄가중처벌등에관한법률위반(도주치상)등
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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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the CPoter II cargo vehicle.

On June 12, 2018, at around 00:30, the Defendant was driving along the road of 7 lanes in front of Seocho-gu Seoul Metropolitan Government D on one-lane from the surface of the male-distance base to the surface of the male-ray base. While driving along one-lane from the surface of the male-distance base, the Defendant turned down to the right side of the broom due to the negligence that failed to properly operate the steering direction and brakes, and the Defendant was driving the five-lane from the front bank of the same room ( South, 43 years old) driving Felon of the victim E (hereinafter referred to as the “F”) who proceeded with the five-lane from the front bank of the same room.

Ultimately, due to the above occupational negligence, the Defendant suffered injury, such as salt and tensions, to the victim for about three weeks of medical treatment, and at the same time, this Do Do Do Do Do has damaged its repair cost to cover approximately KRW 3,297,700, and failed to immediately stop and rescue the damaged person.

Summary of Evidence

1. Defendant’s legal statement

1. Statement E;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of failing to take 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. Article 62 (1) of the Criminal Act on the suspension of execution (The confession, agreement, record of crimes, etc.);

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