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(영문) 서울중앙지방법원 2021.01.13 2020고단6467
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 car with a ASEAN.

On August 14, 2020, the Defendant driven the above car at around 06:18, and driven the road of four-lanes in front of Gangnam-gu Seoul Metropolitan Government C along the two-lanes from the shooting distance room of the hospital in front of Gangnam-gu to the shooting distance of the new company.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by properly operating the operation of the system and steering gear well, and by safely operating it.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, and went on one lane in the same direction, and was driven by the victim D(WW, 43 years old) who was driving in the same direction, and received the front part of the E-Wu vehicle's driving in front of the left side of the Defendant's driving.

As a result, the Defendant suffered injury to the victim, such as the left-hand dump, tension, etc. which requires medical treatment for about two weeks by occupational negligence as above, and at the same time, even when approximately KRW 230,434 of repair cost damages the victim’s driver’s above dump car to the extent that it does not immediately stop and escape without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the laws and regulations of c.i.e., diagnostic video recording of a medical certificate and a quotation c.

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. 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. Article 62(1) of the Act on the Suspension of Execution, Article 60(3) of the Juvenile Act does not have the same criminal record as the reason for sentencing, Article 60(3) of the Juvenile Act, there is no criminal record exceeding the fine, the degree of accident and damage is minor, and the defendant is an early birth of the society of 26 years of age.

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