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(영문) 서울중앙지방법원 2019.05.14 2019고단2048
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The expression of facts charged is rhyd as criminal facts.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person engaged in driving a motor vehicle B with low-speed.

On February 24, 2019, at around 04:15, the Defendant driven the three-lane road of the five-lane road in front of Gangnam-gu Seoul, Seoul, with the said five-lane road driving from the front of the Gangnam-gu Seoul, to the front of the school street.

At the night and at the front of the defendant's moving direction, crosswalks with signal lights are installed. In such cases, the driver of the motor vehicle has a duty of care to prevent accidents in advance by thoroughly seeing the front left, and by checking whether there is any person to walk, observing the relevant laws and regulations, traffic signals, and accurately manipulating the steering gear, brakes, etc. to prevent accidents.

Nevertheless, the Defendant, while neglecting the above duty of care in the state of difficulty and interest, failed to stop immediately and escaped without taking necessary measures, such as providing rescue to the victim, even though the Defendant, by neglecting the above duty of care, was negligent in driving the crosswalk installed in the front section of the Defendant’s front-hand side of the victim D (the age of 24) who crosses the crosswalk from the right side of the Defendant’s green signal to the left side according to the Defendant’s green signal, and suffered injury, such as a light executive staff's abundance, which requires treatment for about 16 weeks on the left-hand side.

2. No driver of any motor vehicle, etc. who repeatedly violates signals given under the Road Traffic Act shall threaten or endanger other persons or cause any danger to traffic;

Nevertheless, the defendant is front of F from 04:00 to 04:16 on the roads in Gangnam-gu Seoul, Seoul.

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