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(영문) 서울중앙지방법원 2019.09.26 2019고단4159
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 Obaba in B.

On February 19, 2019, the Defendant driven the off-line 01:43, with two-lanes of the two-lanes of the two-lanes in front of the Seoul Dongjak-gu Seoul Metropolitan Government C in the front of the three-lanes of the straight-line.

At the time, the victim E (the age of 17) was driving FOba in the same direction as the Defendant in the same direction as the Defendant, so in such a case, the person engaged in driving a motor vehicle had a duty of care to live well before and after the vehicle, and to change the car line safely.

Nevertheless, the Defendant neglected to do so and neglected his duty at the front place and neglected to turn to the left, and caused the victim to go beyond the road by using the front part of the victim's driver's Oba, which was driven by the straight signal from a two-lane to a one-lane, due to the negligence of changing the vehicle from a two-lane to a one-lane, in order to turn to the left.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and at the same time, the repair cost, such as the exchange of the seeds of the Oralathlon, destroyed the above Oralba, and escaped without taking measures, such as providing relief to the victim, even though the same was destroyed and damaged by the Oralbathy seed.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to a medical certificate or an investigation report (verification of physical damage);

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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act provides that suspension of execution (such as the point agreed with the victim and the depth reflects, etc.);

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