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(영문) 서울서부지방법원 2017.09.28 2017고단1638
특정범죄가중처벌등에관한법률위반(도주치상)
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 a period of 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 car at CBelgium.

On May 7, 2017, the Defendant driven the above car at around 21:30, and proceeded along the 4-lane north of the 1-lane in Mapo-gu Seoul Metropolitan Government, which is located in the 47-lane, along the two-lanes from the bridges to the chills of Sungsan. The Defendant changed the course to the 3-lanes.

At the time, it was difficult to view the vehicle at night, and the vehicle traffic volume was high, so the defendant engaged in driving service of the motor vehicle has a duty of care to give an advance notice of the change of course and to prevent the accident by changing the lane safely while looking at the right and the right of the front side.

Nevertheless, the defendant neglected this and caused a sudden change in the course, and conflict with the upper right side of the defendant's car in the upper right side of the victim D(72) driving that was going on the three-lane.

Ultimately, even though the Defendant was negligent in the above occupational negligence to the victim F (the 28 years old), and the victim G (the 27 years old) who was accompanied by the back seat of the taxi driver's seat, suffered from the injury of climatic salt, etc. for about two weeks in need of treatment, the Defendant immediately stopped and escaped without taking measures such as providing rescue to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Photographss to cut a black stuffe image;

1. Application of Acts and subordinate statutes to each written diagnosis and written confirmation for release from a entrance;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and 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;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] are traffic accidents.

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