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(영문) 서울중앙지방법원 2020.01.22 2019고단6383
특정범죄가중처벌등에관한법률위반(도주치상)
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

[Basic Fact-finding] The Defendant maintained a relationship with the victim B (the age of 49) and attempted to return to his/her office by driving his/her own motor bicycle with the victim's bags while meeting the victim and communicating to persuade the victim when the victim informed him/her of his/her intention. However, when the victim who was driving away from the Defendant was able to get off the above bank and demanded the return of the above bank, the Defendant refused to take off the above motorcycle as it was.

【Criminal Facts】

The defendant is a person who is engaged in driving a numberless motor bicycle.

On August 15, 2019, the Defendant driven the above motorcycle on August 15, 2019, and got the frontway of Gangnam-gu Seoul Metropolitan Government C, at a speed that cannot be known from D to the scopco-distance slope.

At this point, since a house prohibited from a right-hand way is a way to a runway, in such a case, a motorcycle driver has a duty of care to prevent accidents in advance by checking the front left and the right-hand left well at a place where the right-hand is possible, and particularly by ascertaining whether there is a person to catch a motorcycle or fill it, and by ascertaining whether there is a person to do so.

Nevertheless, the Defendant neglected to do so and even if he knows that the victim is being towed on the above motorcycle without leaving the above string, the Defendant: (a) taken the above motorcycle as it is with knowledge of being towed on the above motorcycle; and (b) caused the victim to go beyond the road to the right of the victim to the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right

Accordingly, even though the Defendant suffered from the above occupational negligence aggravating the 8 weeks of the need for medical treatment, it is soon possible that the Defendant suffered from the victim.

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