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(영문) 서울서부지방법원 2018.06.12 2018고단1044
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 CK5 cars.

On January 6, 2018, the Defendant driven the above car at around 01:55, and moved the intersection of Yongsan-gu Seoul Metropolitan Government D in front of Yongsan-gu at the front of the front of Yongsan-gu, Seoul at the ethic elementary school.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure that a person engaged in driving a motor vehicle should thoroughly operate the motor vehicle in front and safely.

Nevertheless, the Defendant neglected this and went beyond the center line after the right-hand, and received the front left-hand part of the Defendant’s vehicle’s front-hand part of the victim E (58) 5-si driving in the front-hand side of the victim E-5-si driving along the right-hand side of the passenger vehicle in front of the passenger vehicle in front of the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, such as kneeline, which requires approximately two weeks of treatment on the part of the victim E, and suffered injury such as kneeline, which requires approximately two weeks of treatment on the back of the above taxi, from the victim G (3) who was on the back of the above taxi, and escaped without taking measures such as destroying the repair cost of KRW 2,849,383 on the victim E-si and immediately stopping the taxi, and providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.

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