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(영문) 서울남부지방법원 2017.09.14 2017고단3451
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 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 a Clearning car.

On June 7, 2017, the Defendant operated the said car at around 23:00, and proceeded with the Seo-gu, Yeongdeungpo-gu, Seoul, U.S.-ro 21-lane 30, U.S. at the 21-lane U.S. e., U.S.-ro, U.S.-ro, U.S. at an irregular speed depending on the two-lanes between O.S. and O. e.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, etc. in a way that well sees the right and the right and the right and the right and the right and the right and duty of care.

Nevertheless, the Defendant neglected to stop in the front of the victim D(41) drive while stopping at the front of the front, and received the back portion of the victim D(41) drive Eone Star Co., Ltd. as the front part of the Defendant’s driver’s vehicle.

As a result, the Defendant, by occupational negligence, sustained injury to the victim, such as salt ties, tensions, etc. in front of the horse that requires approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the vehicle while destroying approximately KRW 1,415,984 to repair the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the written estimate statutes;

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 Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] In a case where a minor injury occurs (one month to one year) in the mitigation area (one year from June to one year), the mitigation area (the special mitigation person] (the decision of sentence) (one and two types) after traffic accidents.

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