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(영문) 서울중앙지방법원 2018.04.19 2017고단6895
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

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

On June 29, 2017, at around 10:07, the Defendant proceeded along the 15-lane 66 Gangnam-gu, Seoul Special Metropolitan City, along with the entrance of the Dobongcheon-do tunnel, from the IC bank of the Party to the 4-lane 4-lane from the IC bank of the Party.

In such cases, there was a duty of care to prevent accidents, such as making a person engaged in the driving of a motor vehicle well look at the front door and left door, and safely operating the steering and brakes, etc.

Nevertheless, the Defendant: (a) neglected to drive a stroke and so on; (b) neglected to drive a stroke drive; (c) neglected to drive a stroke drive, and (d) failed to take necessary measures, such as immediately stopping the stroke drive and stopping the stroke part of the stroke drive, thereby causing injury to the victim, which requires approximately two weeks of treatment; and (d) attempted to escape without any necessary measures, such as providing relief to the injured party by immediately stopping the said stroke drive owned by the victim E with approximately KRW 266,38 of repair cost, such as exchanging the stroke drive.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 (1) and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition for the reason under Article 62(1) of the Criminal Act or more of the Criminal Act, considering the fact that the suspension of execution (such as the fact agreed with the victim and its depth is reflected in the depth);

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