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(영문) 서울서부지방법원 2016.10.20 2016고단2407
특정범죄가중처벌등에관한법률위반(도주치상)등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives CCA110S Oralba as his/her duties.

On July 7, 2016, around 00:31, 2016, the Defendant proceeded at a speed that makes it impossible to know the intersection of the street in front of the Emart in Mapo-gu Seoul Metropolitan Government D, depending on one-lane road in the direction of the Sarri power plant at the seat of the red public parking lot.

At the time of the accident, it was difficult to set a new wall time and there is no signal, so in such a case, a person driving as a job has a duty of care to reduce the speed prior to entering the intersection, to make the front, left, and left well, and to drive safely.

Nevertheless, the Defendant neglected this and got the front part of the G 20-20-20-20-20-20-20-20-20-20-20-20-20-20-20-20-20-20-20-20-20-20-20-20-20-20-20-20

As a result, the Defendant suffered injury to the victim, such as pulververization and mixing of two brains that require approximately six weeks of treatment due to such occupational negligence, and at the same time, the Defendant escaped without immediately stopping the above part of the cover covering the left-hand side of the Oral Ba, which is owned by the said victim, while destroying the above part of the repair cost, and without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. F’s statement on the occurrence of traffic accidents, and H’s statement;

1. A F medical certificate;

1. Application of Acts and subordinate statutes to photographs of site conditions;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes against which the punishment is heavier (the punishment provided for the crime against a person who causes serious injury).

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