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(영문) 서울북부지방법원 2017.01.12 2016고단4503
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On August 30, 2016, the Defendant driven the above car on August 21:43, 2016, and driven the three-lane road in front of the bus stops of the Dobong-gu Public Health Center bus stops in Dobong-gu, Seoul, Dobong-gu, Seoul, at a speed not to be known by two-lanes from the private distance distance at the entrance of the public health clinic.

At the time, there was a signal at night and at the front, so there was a duty of care to prevent accidents by driving a person engaged in driving a motor vehicle by reducing the speed and checking well.

Nevertheless, the Defendant neglected to do so and was driven by the victim D(W, 56 years old) who was reducing speed pursuant to the stop signals, and the Defendant was driving the back of the Nora car by the Defendant.

As a result, the Defendant, by negligence in the course of performing the above duties, suffered from the victim’s alley frame, etc. requiring medical treatment for about four weeks, and at the same time, 3,412,968 won, such as the exchange of back panions, were destroyed to the extent that the repair cost, such as the exchange of back panions, and escaped without taking necessary measures, such as stopping and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of D or F;

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

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The instant crime is committed by the Defendant in breach of his duty of care.

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