(영문) 서울남부지방법원 2018.11.15 2018고단3885

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(영문) 서울남부지방법원 2018.11.15 2018고단3885

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

However, the execution of a 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 June 9, 2018, the Defendant was driving at around 00:12, but changed the course to the two-lanes while driving in the two-lanes from the front of the entrance of the Gangwon Park, which is located in Yeongdeungpo-gu Seoul Metropolitan City Sinsan-dong.

At the time, at night, the vehicle flow is frequent with a four-lane road. In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system by taking into account the front, rear, and left and right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not look at 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 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 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 the right are applied to the

Ultimately, the Defendant, by the foregoing occupational negligence, sustained injury to the victim, such as salt and tensions, which requires a medical treatment for about three weeks, and at the same time, did not immediately stop a car to the extent that the repair cost would amount to KRW 3,481,898, and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. The legal statement of the witness C;

1. The actual investigation report on traffic accidents;

1. Blucs cambling CD images;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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