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(영문) 서울동부지방법원 2018.09.07 2018고단1698
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

Criminal facts

The defendant is a person who is engaged in driving a bicycle C 110cc motor device.

around 10:10 on March 2, 2018, the Defendant proceeded at a speed of about 20km in Si/Gun along three lanes from the parallel parallel to the parallel of military at the speed of about 3 lanes in front of Dongdaemun-gu Seoul, Seoul.

Since there are frequent traffic of vehicles and bus stops in the front section, there was a duty of care to prevent accidents by putting a person engaged in driving of a motor vehicle at the front section and reducing speed and safe driving by paying attention to speed and stopping of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected his duty at the front, and did not see that the F Engine bicycle of the victim E (61) driving ahead of the same direction stops, and continued to go beyond the road by obtaining the back part of the motor device bicycle driven by the Defendant as the front part of the motor device bicycle driven by the Defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, caused the victim to scambling and scamine scam for approximately two weeks of treatment. At the same time, the Defendant, while destroying the bicycle of the motor device owned by the victim to get 2,862,00 won for repair, did not immediately stop the bicycle to rescue the victim, and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of traffic accident occurrence status prepared G;

1. The actual investigation report on traffic accidents;

1. Written estimate and written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of on-site photographs);

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 Code of Trade and Trade.

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