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(영문) 서울남부지방법원 2016.11.17 2016고단4016
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 27, 2016, at around 09:30 on July 27, 2016, the Defendant driven the 2nd class 3-lanes adjacent to the Gancheon Road in Gangseo-gu Seoul Metropolitan Government, along the five-lanes of the 8-lanes from the intersection of the Canpo Airport to the area of the Kimpo Airport. In such a case, a person who is engaged in driving a vehicle has a duty of care to care in advance by driving the vehicle well and safely and to prevent accidents.

Nevertheless, the Defendant neglected to perform the above duty of care, thereby taking the part behind the left side of the Defendant’s vehicle back to the upper left side of the Defendant’s vehicle (the age of 51) which was driven by the victim C (the age of 51) who was making a stop in front of the Defendant’s vehicle, and due to the shock, took the part behind the left side of the F urban bus driven by the victim E (the age of 27) who was driving six-lane due to the shock, and took the part behind the Defendant’s vehicle into the right side of the Defendant’s vehicle. The Defendant sustained the injury to the victim G (the age of 42) who is the above E and the bus’s passenger for about two weeks of medical treatment, and at the same time, suffered the injury of the confratal salt, which requires a medical treatment for about two weeks, and at the same time, did not immediately stop the said vehicle and take measures such as checking the victims’ rescue and relief.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes to a traffic accident inspection report (1) (2) and a photograph, a photograph, a photograph, a photograph, a written estimate, an investigation report (Attachment of a fluor photograph) and a report on investigation (Attachment of a fluor photograph between fluor and a fluor of a fluor);

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 by applicable law;

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

1. Selection of penalty;

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