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(영문) 서울북부지방법원 2019.05.16 2019고단821
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the violation of the Road Traffic Act due to the destruction of property.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a Llearning car.

On January 17, 2019, the Defendant driven the above car at around 08:08, and driven the two-lane road in front of the NJ M in Seoul, Gangnam-gu, Seoul, along the P from O to P.

Since there is a cross-section and a vehicle that intends to turn to the left on the front side of the Defendant’s vehicle, in such a case, there was a duty of care to make a person engaged in driving of the vehicle thoroughly and safely drive the vehicle with the driver’s duty of care.

Nevertheless, the Defendant neglected this and stated the victim Q Q(32 years old)’s left-hand turn to the left-hand turn in the bill of indictment on the front right-hand side of a car driving by the Defendant, which is operated by the victim Q Q (32 years old) who intends to turn to the left-hand turn in accordance with the last left-hand rupture, but it is obvious that it is a clerical error in the “pre-hand side.” Thus

was received as a panion.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood that requires approximately two weeks of medical treatment due to such occupational negligence, and at the same time, the Defendant escaped without taking necessary measures, such as destroying the said X-ray car, which is owned by the victim, to cause the sum of 518,295 won, such as regradation, and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to Q Q;

1. Investigation report on the actual condition of a traffic accident and report on the occurrence of a traffic accident;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of black booms and photographs on accident scene of damaged vehicles;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and 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. Selection of the penalty;

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