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(영문) 서울중앙지방법원 2019.08.21 2019고단2839
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 of Bchip motor vehicles.

On November 24, 2018, at around 07:35, the Defendant driven the above vehicle on a one-lane road in front of the D University, which is located in Dongjak-gu Seoul Metropolitan Government, and continued to drive in front of the D University, and was parked in front of the D University, and was parked in front of the D University at the time when the vehicle was parked in front of the D University, and had the said vehicle driven behind due to the negligence that was driven by the victim E (E, South, 62 years old) who was driving and stopped later, and continued to drive in front of the FW 125 Oba, which was driven by the Defendant, and fW125 meters away from the road.

Ultimately, the Defendant, due to such occupational negligence, suffered injury to the victim, such as the collapse of the left-of-aid unit, which requires approximately three weeks of treatment, and at the same time, did not immediately stop, stop, and escape without taking necessary measures, such as providing relief to the victim, even though it damages the repair cost of approximately KRW 1,428,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Statement of the occurrence of E traffic accident;

1. On-site survey report, traffic accident occurrence report, screen pictures to close a bus image, report on internal affairs, and photographs;

1. Determination of the Defendant and defense counsel’s assertion

1. The Defendant did not recognize the fact of the accident at the time, and thus did not have the intention of escape.

2. The following circumstances revealed by each of the above evidence, i.e., the Defendant’s driver’s vehicle following the following: (a) the victim’s driver’s vehicle was pushed down, and the victim’s driver’s vehicle turned down over 15 meters; (b) the Defendant turned down the vehicle under the driver’s license; and (c) even if the Defendant was driving at the time, he could have caused the shock; and (d) the victim’s stobane.

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