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(영문) 서울북부지방법원 2018.09.13 2018고단3062
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving K3 cars.

On June 13, 2018, the Defendant driven the above car at around 20:23, and driven the front road of the Seoul Western-gu Seoul Central Road to the intersection from the intersection of the network opposite to the intersection.

In such cases, there was a duty of care to prevent accidents, such as taking a person engaged in driving a motor vehicle well into account the front door and left door, accurately operating the steering and brakes, etc., and preventing accidents.

Nevertheless, the Defendant was negligent in driving the Defendant D(28) with the victim D(S) who was standing in the front bank for a signal waiting at the front bank due to the negligence of neglecting it.

E E Mapoon portion of the back portion of the car of the defendant was shocked by the front portion of the car of the defendant.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim D, such as salt, tensions, etc., in which approximately two weeks of treatment is required, on the part of the victim F (27 years of age) who was taking advantage of the above her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her shed

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of D or F;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of accident video CD-related Acts and subordinate 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 and 54 (1) of the Road Traffic Act concerning the crime;

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment by imprisonment, and the choice of punishment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is to cause a traffic accident resulting in the suspension of execution and not to take measures such as rescue and relief but to escape, and criminal punishment exceeding a fine is to be imposed.

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