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(영문) 서울북부지방법원 2019.10.17 2019고단3535
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On September 5, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of assault at the Seoul Northern District Court, and the judgment became final and conclusive on September 12, 2019.

【Criminal Facts】

The defendant is a person engaged in the operation of BMW car.

On July 26, 2019, the Defendant driven the above car at around 06:35, and driven the road of four-lanes in front of Gangnam-gu Seoul, Seoul, along three-lanes from the scco-distance to the large distance of death.

At all times, E-si driven by the victim D(65 years old) is waiting for and stopping a signal, so in such a case, the driver of the vehicle has a duty of care to look at the front and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and was negligent in driving the said taxi and received the part behind the said taxi as the front part of the said car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks, and at the same time, even though the 1,654,123 won of the repair cost, such as the exchange of cab after stopping the said taxi, and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. A medical certificate;

1. Written estimate of repair;

1. Evidential photographs;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (the fact that they are currently detained as a suspect);

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

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

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