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(영문) 서울동부지방법원 2018.08.24 2018고단1958
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

The defendant is a person who is engaged in driving the BM6 car.

On April 24, 2018, the Defendant driven the above car at around 02:40, and led to a road that does not have a front line of Gangdong-gu Seoul Metropolitan Government C, along the two roads, about 97 kilometers from the right side to the city-speed 30km from the Han-dong Cultural Center.

At that time, the Defendant passed through the intersection with a wider width than that of the road driven along the road. In such a case, when there are other vehicles seeking to enter the intersection with a wider width, the Defendant had a duty of care to yield the way to the vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and did not confirm whether there is a vehicle entering the intersection by temporarily suspending the intersection before entering the intersection, and proceed as is. However, the victim D(60) who proceeds from the left side of the running direction of the Defendant at the time to the right side from the victim D(60) who proceeds from the intersection in the direction of the Defendant’s running direction led the victim to the front and rear door of the E Launa car in front of the Defendant’s driving vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as cerebrovasil, which does not have any wound in the two cases where the treatment for about three weeks is open, and at the same time, escaped without taking measures such as aiding and abetting the damaged person by destroying the said rocketing car, which is equivalent to approximately KRW 2,194,000, for repair expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. A traffic accident report;

1. A written diagnosis and a written estimate of the cost of repairing insurance;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-3 (1) 2 and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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