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(영문) 서울중앙지방법원 2016.11.09 2016고단6227
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

The Defendant is a person who is engaged in driving a rocketing car.

On August 9, 2016, the Defendant driven the above car at around 15:10 and proceeded two lanes from the three-lanes of Seoul Gangnam-gu Seoul Metropolitan City C, to the educational dynamics.

At the same time, the above road is a vehicle going on the front section of the vehicle, so in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents due to the following: (a) the person engaged in driving the motor vehicle closely examined the front section and the left and right; (b) accurately handles the steering system and brakes; and (c) ensuring the safety distance with the motor vehicle.

Nevertheless, the Defendant was negligent in performing the above duty of care while neglecting the above duty of care and received the back portion of the victim D(63 years old) driving that was proceeding at the front of the said car.

As a result, the Defendant: (a) caused the victim D to inflict bodily injury on the chills, tensions, etc.; (b) caused the victim F (F) who is the passenger of the said taxi to inflict bodily injury on the chills and tensions that require approximately two weeks of medical treatment; and (c) at the same time, damaged the chills to be 4,51,956 won, such as replacement of back chills, and went away without taking necessary measures, such as aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents and a report on actual condition;

1. Statement made to D by the police;

1. A traffic accident inspector of the F;

1. Each written diagnosis;

1. Written estimate for checking and maintaining motor vehicles;

1. Application of Acts and subordinate statutes, such as vehicle photographs;

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 Concurrent Crimes;

1. Imprisonment with prison labor chosen;

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