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(영문) 서울서부지방법원 2018.10.11 2018고단1979
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 a period of 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 of a motor vehicle with sod motor vehicle B.

On May 18, 2018, the Defendant driven the above car at a speed of 22:30 on May 18, 2018, and led to the internal cruise of the 60-lane, Dongdaemun-gu, Seoul, to proceed from the edge of the mamp to the direction of the street.

At the time, the Defendant, prior to the same direction, was followed by the Drash drive by the victim C (53). Thus, the Defendant had a duty of care to take care of the person engaged in driving service to ensure safety distance to avoid when the vehicle stops or changes course.

Nevertheless, the defendant was negligent in driving a vehicle in the vicinity of it, and the left-hand wheel part of the above rapped vehicle was received as the front-hand wheel part of the above napped vehicle.

As a result, the Defendant suffered injury to the victim, such as the cutting-off of the middle-water aggregate No. 2, which requires treatment for about four weeks due to such occupational negligence, and at the same time, 3,396,181 won of repair expenses, such as the replacement and maintenance of the back text, went away without taking necessary measures, such as the rescue of the injured party, even though the Defendant destroyed the said rash to the extent that it was damaged, such as making a stop.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a traffic accident report (report on actual condition survey), diagnostic certificate, quotation, investigation report (blue video analysis);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3.

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