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(영문) 서울서부지방법원 2020.08.13 2020고단1047
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 a cruise car.

On March 23, 2020, the Defendant driven the above car on March 23, 2020 to drive it along the three-lane of Seodaemun-gu Seoul Western road.

There are frequent traffic of vehicles, and there are four lanes in the front section, so that the driver of the vehicle has a duty of care to reduce the speed for those engaged in driving business and to prevent the accident in advance by safely examining the front section and the surrounding area.

Nevertheless, the Defendant neglected to do so and found that the Victim D(Nam, 48 years old) EWts E220 car driven in four-lanes due to the negligence of driving the same as it was, was late following the Defendant’s change of lanes in the future. The Defendant was the front driver of the said cruise car, and the Defendant was found to have followed the Convenz car in the front driver of the said cruise car. In order to deal with the traffic accident, the Defendant was found to have immediately discovered the above Convenz car while stopping at the front driver of the said cruise car. In order to deal with the traffic accident, the Defendant was found to have been driving behind the said Convenz which stopped at the front driver of the said cruise car.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim D, such as salt in the necessary tent, which requires approximately two weeks of medical treatment, and sustained injury to the victim F (the 41 years old), who is a passenger of the said benz’s car, for about two weeks of medical treatment, and went away without taking necessary measures, such as aiding and abetting the said benz’s car to the degree of KRW 2,396,618, such as exchanging the benz, while destroying and damaging the said benz’s car to the extent of KRW 2,396,618.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each written diagnosis;

1. Written estimate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of photographs on vehicle accident parts and the confirmation of the situation at the time of accident);

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Criminal Act.

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