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(영문) 서울동부지방법원 2018.03.07 2017고단4277
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be sentenced to one year of imprisonment, and the execution shall be suspended for a period of two years from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing B.

On November 22, 2016, around 00:45, the Defendant proceeded along the four-lane road in front of Gwangjin-gu Seoul Special Metropolitan City, along the direction of the military in the direction of the military.

At night, there was a vehicle driving ahead of it in the same lane as she was placed at night, so in such a case, there was a duty of care to live well on the front side and prevent the accident by maintaining the safety distance with the vehicle in front.

Nevertheless, the Defendant neglected this and failed to properly look at the front section of the passenger car, thereby resulting in the Defendant’s back part of the victim D(55) driving, which stopped in order to get passengers to get off the front section of the car.

Ultimately, the Defendant, by the above occupational negligence, inflicted injury on the victim D, such as finites that require approximately three weeks of medical treatment on the part of the victim D, suffered injury such as light f (30 years of taxi passengers) and the victim G (28 years of age), including light finites that require approximately two weeks of medical treatment on the part of the victim G, and at the same time, 2,853,662 won, such as the exchange of back finites, did not take measures such as aiding the damaged finites to the extent that the damaged finites were damaged and escaped from the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to a survey report, each written diagnosis, and written estimate;

1. Penalty provision - Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act - Articles 148 and 54 (1) of the Road Traffic Act;

1. Article 40 or 50 of the Commercial Concurrent Crimes Act (limited to all crimes, punishment and punishment for the severe victim D);

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Social services and other criminal laws 62-2;

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