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(영문) 서울동부지방법원 2019.01.09 2018고단3755
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

The defendant is a person who is engaged in driving a Track car.

On September 12, 2018, the Defendant driven the above vehicle at a speed of about 70km per hour according to the two-lanes of speed 3, as the front side of Seongdong-gu Seoul Metropolitan Government set off the road from the Sung Riverside to the offset road.

In this case, the driver of the vehicle has a duty of care to accurately manipulate the steering direction and brakes so as not to impede the flow of other vehicles and prevent accidents by accurately manipulating the steering direction and brakes in order to ensure safety distance.

Nevertheless, the Defendant neglected to do so while being drunk and proceeded at a one-lane, was shocked with the front door of the victim E-Bata taxi vehicle in the case of the Defendant’s driver’s seat.

Ultimately, the Defendant caused the victim F, who is a passenger of the victim D and the driver of the vehicle with the foregoing occupational negligence, to suffer from the injury, such as “satise satum satums and tension,” which requires approximately two weeks of medical treatment, and at the same time corrected ex officio the victim G corporation of D driving.

(Investigation Records No. 154 pages). Although an amount equivalent to KRW 1,017,765, such as the repair cost, such as the front door painting of a taxi was damaged, the taxi immediately stopped and escaped without taking necessary measures, such as aiding victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. A traffic accident report;

1. Written estimate of repair costs and each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of vehicles involved in accidents, investigative reports (related to photographs by cutting down a black stuff image), photographs of vehicles involved;

1. Injury resulting from the escape of Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed in the corresponding Article of the Act;

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