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(영문) 서울남부지방법원 2018.07.03 2018고단1521
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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

On September 24, 2017, around 05:10 on September 24, 2017, the Defendant driving a BM5 car, and led the front road of Gangseo-gu Seoul Metropolitan Government as the intersection of the GM5 apartment, to turn to the left at one lane among the three-lanes of the Seoul Ayang elementary school.

Since there is an intersection where signal lights are installed, in such cases, the driver of the motor vehicle has a duty of care to thoroughly see the front side and safely operate the brake system so that all accidents can be prevented.

Nevertheless, when the defendant neglected to perform the above duty of care and neglected to turn to the left on the front side of the defendant's vehicle, the defendant did not go to the front part of the defendant's vehicle, which is a business taxi operated by the victim C, which is a business taxi operated by the victim C, and received the driver from the defendant's vehicle.

As a result, the Defendant, by such occupational negligence, inflicted injury on the victim C, such as salt panions in need of approximately two weeks of treatment, and inflicted injury on the victim E, who is the passenger of the said taxi, on the part of the victim E in need of approximately three weeks of treatment, and attempted to stop immediately and abscond without taking necessary measures, such as providing relief to the victim C, even though it damages the victim C taxi to cover KRW 620,00,000 of repair cost, such as f20,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in C and E;

1. A traffic accident report;

1. Blue boxes and video CDs;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Article 54 (1) of the Road Traffic Act (the point of escape after the injury or injury inflicted on duty) concerning the crime, Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after the traffic accident);

1. The crimes provided for in Articles 40 and 50 of the Criminal Act (the punishment shall be imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavier punishment).

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