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(영문) 서울북부지방법원 2018.08.30 2018고단2972
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car.

On June 20, 2018, the Defendant driven the above car at around 23:20 on June 20, 2018, and led to the passage of the road front of the 412 commercial church in Nowon-gu, Seoul to the shooting distance of the scenic apartment from the offline of offset.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, due to the negligence of the Defendant, the Defendant neglected to stop from the front direction of the course to the signal air at the victim E (29) which was driven by the Defendant’s driver’s vehicle, and the part of the driver’s length to the front part of the passenger’s vehicle of the Defendant, which was driven by the Defendant, was shocked with the front part of the passenger’s car of the Defendant, and due to the shock, the said passenger’s car was pushed forward to the victim G (51 years old) with the said passenger’s car being pushed down in the future, and the part behind the passenger’s car was shocked with the front part of the said passenger’s car.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim E, such as salt, tensions, etc. on the chills that require approximately two weeks of medical treatment of the victim E, and attempted to stop immediately to rescue the victim, without taking necessary measures, such as immediately stopping the vehicle to the victim JJ, who was on the chills and tensions that require approximately two weeks of medical treatment of the victim G, and by taking other necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident by E, I, G, and J;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of CD-related Acts and subordinate statutes to accident scene;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under Article 5 of the relevant Act.

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