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(영문) 서울중앙지방법원 2017.10.18 2017고단5888
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above sentence 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 engaging in driving a car at the fourth time.

On July 2, 2017, around 08:45, the Defendant proceeded with a three-lane road of D in Gangnam-gu Seoul Metropolitan Government Seoul as a lock-out room from the backside of the entrance.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side, to observe the safety distance with the front vehicle, to properly manipulate the steering and brakes according to signals such as signal, and to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and found the F Poter Cargo in front of the signal sent at the intersection of 1,00 through the red signal, such as the signal, etc. installed at the 64th intersection in the front bank, and did not stop the car properly and did not stop the car, and caused the f Poter to shock the back part of the said Poter Cargo with the front part of the said Poter Cargo, and caused the shock part of the said Poter Cargo by the victim G who stopped in front of the cargo vehicle in front of the cargo vehicle in front of the cargo vehicle.

Ultimately, the Defendant suffered injury to the victim E in need of approximately three weeks’ medical treatment due to occupational negligence as seen above, and at the same time, destroyed the above cargo vehicle in the amount of KRW 1,619,757 to repair the said cargo vehicle, and escaped without taking necessary measures, such as stopping the said rocketing taxi and providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A survey report on the actual situation, a report on the occurrence of a traffic accident, and a report on internal investigation (No. 8, No. 9 on a net basis);

1. Application of the written diagnosis of E and written estimate Acts and subordinate statutes;

1. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent provision of the Act.

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