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(영문) 서울중앙지방법원 2020.09.14 2020고단1020
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS7 car.

On October 18, 2019, the Defendant driven the above car at around 20:59, while proceeding the “the Haguero” located in Gangnam-gu Seoul Metropolitan Government into the station air basin in the hill basin, and came to enter the zone bypassing it to the alley of the same Gu C.

Since there is a place where a crosswalk without signal, etc. is installed, in such cases, the driver of the vehicle has a duty of care to prevent accidents, such as temporary stop in front of the crosswalk, so as not to obstruct the passage of pedestrians or endanger them, by examining well whether there is a pedestrian who is travelling on the crosswalk.

Nevertheless, the Defendant neglected this and proceeded along as it is, instead, got the victim into the upper part of the victim D (W, 32 years old) who was crossing the crosswalk from the left side of the said vehicle to the right side of the said vehicle's driving direction, and had the victim go beyond the upper part above the right side of the said vehicle.

Accordingly, even though the Defendant suffered from an injury, such as a pelvise, etc., which requires approximately six weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. A traffic accident report;

1. Photographs photographs of each witness, CCTV image images of crime prevention, photo of F bus booms, video images of crime prevention CCTV related to suspect uniforms, and video images of crime prevention CCTV related to uniforms;

1. A vehicle lease contract;

1. A medical certificate (D);

1. A photograph of the injured party;

1. Each investigation report (related to specific suspect, timing of entry into and departure from the Han River Park);

1. The Defendant and the defense counsel for the storage of bus booms, such as driver uniforms and bus booms images related to the movement route of suspect driving vehicles.

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