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(영문) 서울중앙지방법원 2018.05.10 2017고단8970
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (the award) and violates the Road Traffic Act (the measure not yet taken after the accident).

On September 6, 2017, the Defendant driven the above car at around 22:30, and proceeded along the three-lanes of the five-lanes in which the front road located at the 346-ro, Dongjak-gu, Seoul Metropolitan Government (Seoul) was located at the top of the subsponsing Station from the upstream of the subsponsing Zone.

In this case, there was a duty of care to prevent accidents in advance by safely manipulating, steering devices, and brakes with a thorough look at the traffic situation of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so and was driven by the victim D(58) who was in the atmosphere of the signal at the same front section of the said K9 car operated by the Defendant for the front part of the said K9 car operated by the Defendant.

Ultimately, the Defendant caused injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks due to occupational negligence as above, and, at the same time, escaped without taking necessary measures, such as immediately stopping the taxi so that the amount equivalent to approximately KRW 3,088,860, such as pan-exchange, etc. is damaged, and that the Defendant destroyed the said taxi and escaped without taking necessary measures, such as providing relief to the victim.

2. Around 22:33 on the same day, the Defendant violated the Road Traffic Act (after-accidents), as set forth in paragraph 1, driven the roads in front of the Dobongcheon Central Market in Gwanak-ro, Seoul Special Metropolitan City, along the five-lanes of the entrance zone in Seoul, at the top of Dobong-ro, Seoul, along the five-lanes.

In this case, there was a duty of care to prevent accidents in advance by safely manipulating, steering devices, and brakes with a thorough look at the traffic situation of the driver of the vehicle.

Nevertheless, the defendant neglected to do so and neglected to do so at all times.

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