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(영문) 서울중앙지방법원 2020.07.24 2020고단4461
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not less than eight 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 the driver's duty of W125 WW125.

On March 16, 2020, the Defendant driven the above motorcycle on March 14:02, 202, and proceeded at a speed of about 40 km in the speed of Si/Gun/Gu, depending on the eficial diameter from the eficial slope to the eficial basin, along with the three-lane road near Gwanak-gu, Seoul Special Metropolitan City, the Defendant sent a stop signal to control the Defendant’s signal violations, and discovered the victim D (ma, 29 years old) of the police officers belonging to the Safety Department of the Seoul Gwanak-gu Police Station entering the above road.

In such cases, a person engaged in driving of a motor vehicle, etc. has a duty of care to stop the motor vehicle at a sufficient distance from the police officer by reducing the speed according to the stop signal of the police officer and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and sharply handles Hands of the above motorcycle to escape from damage to the victim.

With the center of the above motorcycle, the part of the victim's right bridge was placed on the back side of the above motorcycle, and the victim was placed above the floor.

Ultimately, the Defendant, by occupational negligence, sustained injury to salt, tension, etc. that requires medical treatment for about two weeks, and escaped without immediately stopping the victim and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and photographs;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to each investigation report, each diagnosis report, CCTV screen images and patrol files storage files;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts (the point of escape after occupational injury).

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