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(영문) 서울고등법원 2020.06.11 2019노2698
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. In the event of the instant case, the Defendant merely reported that the victim’s bicycle was emitted from the victim’s bicycle at the time of the instant case, and did not cause the victim or the victim to shock the bicycle, thereby causing injury to the victim or destroying the bicycle.

Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous.

B. The sentence imposed by the court below on the defendant (two years of imprisonment with labor for one year) is too unreasonable.

Judgment

A. 1) The summary of the facts charged is as follows: (a) the Defendant is the Bana-si (hereinafter “instant taxi”).

A person engaged in driving a taxi. Around 02:40 on February 23, 2019, the Defendant driven the above taxi, and led the victim (the victim C, who was aged 36, was under age 36) who was driving a bicycle on the right side of the crosswalk at the right side of the 180-lane road along the Han-gu Seoul Han River, along the direction of credit in the front-class zone. At the time, the pedestrian signal was changed to a stop signal in the front-class zone. In such a case, a person engaged in driving a motor vehicle had a duty of care to properly operate the brake and steering gear at the right side of the crosswalk and prevent accidents by properly manipulating the pedestrians who had already entered the crosswalk. Nevertheless, the Defendant neglected to do so, the Defendant got the victim (the victim C et al. was under age 36) who was driving a bicycle along the right side of the crosswalk at the right side of the road when the pedestrian signal changed to the red signal to the green signal.

At the same time, the Defendant, by negligence in the course of performing such duties, suffered a satisfy, etc. without any two wifes who need to receive approximately three weeks medical treatment, and at the same time, immediately stops the bicycle and provides assistance to casualties, even if it damages the bicycle to the satisfy.

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