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(영문) 서울서부지방법원 2020.11.12 2020고단2300
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obaba in B.

Around 05:05 on June 1, 2020, the Defendant driven the above Oralba, and driven the three-lanes along the “D” road in Eunpyeong-gu Seoul Metropolitan Government, along the new direction, along the two-lanes in the direction of the Iram Station.

Since there is a vehicle signal, etc. at the front, in such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signal or instruction and prevent the accident in advance.

Nevertheless, the defendant neglected this and got the front right side of the victim E (the 18-year-old) driving who crosses the crosswalk to the right side from the left side of the running direction of the victim's automobile driving to the right side of the crosswalk in accordance with the new code, due to the negligence of driving the red signal in violation of the signal.

Ultimately, the Defendant, due to the above occupational negligence, caused the victim to suffer injury to the left-hand knife, tension, etc. which requires medical treatment for about three weeks, and at the same time, the victim's bicycle front knife was displayed, and escaped without any necessary measures, such as aiding the victim, even though the victim's bicycle knife was damaged.

Summary of Evidence

1. Application of a copy of the examination report on the actual condition of the defendant's legal statement, the scene of the accident, and statutes on photographs of victims;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations, etc. agreed with the victim);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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