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(영문) 서울북부지방법원 2020.02.13 2019고단4470
특정범죄가중처벌등에관한법률위반(도주치상)등
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

The Defendant is a person engaging in driving a rocketing car.

On September 7, 2019, at around 06:38, the Defendant, while proceeding the front road of the Seoul Western-gu Seoul Metropolitan Government to the private family station from the intersection, was making a U-turn.

Since there is a road where the center line of yellow-ray is installed, there was a duty of care to prevent accidents in advance by making an intern in a zone where a U-turn is possible without breaking the center line, and by keeping the traffic situation of the opposite lane in a safe way.

Nevertheless, the Defendant did not properly examine the traffic conditions of the opposite lane at a point that does not reach a U.S. zone, and did not stop immediately to stop the center line and run toward the intersection along the one-lane of the opposite lane due to the fault of the fleet, and instead, did not take necessary measures, such as providing relief to the victim D (the age of 62) driving cars, taking the front part of the left side of the motor vehicle of the defendant driving car, thereby causing injury to the victim and the victim F (the age of 39) who took advantage of the said victim's and the said mother-learning motor vehicle, and at the same time, escaped without taking necessary measures, such as providing relief to the victim, even though the above mother-learning motor vehicle was damaged by the amount of KRW 1,231,591.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A statement of the occurrence of a traffic accident of F;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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. Article 40 and Article 50 of the Criminal Act, the choice of punishment, and the choice of imprisonment;

1. Article 62(1)1 of the Criminal Act provides that the Defendant, with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, commits a central line during driving.

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