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(영문) 서울남부지방법원 2020.11.12 2020고단3026
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

At around 21:10 on May 6, 2020, the Defendant, who is engaged in driving a rocketing car, was driving a road near the Olympic Games in Gangseo-gu Seoul Metropolitan Government into a diving room in the Yangcheon Confucian School. The Defendant was entering the Olympic Games.

At the time, it was difficult to view the field at night, and there was a section where vehicles are combined, so in such a case, there was a duty of care to look well at the boom, and to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant was negligent in drinking while entering the Olympic Games by changing the course of drinking and entering the same as the Olympic Games. Nevertheless, the Defendant received the part adjacent to the right side of the victim C(Seoul, 47 years old) driving, which was proceeding four lanes as the Olympic Games, into the left side of the said car.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 1주간의 치료가 필요한 경추 염좌 등의 상해를 입게 하는 동시에 사이드스텝몰딩 교환 등 수리비 합계 1,399,658원이 들도록 위 택시를 손괴하고도 즉시 정차하여 피해자를 구호하는 등 필요한 조치를 취하지 아니하고 도주하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A statement on the occurrence of a traffic accident (C), a report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, a report on internal investigation (vehicle and driver characteristics), a police protocol (C), a police protocol (C), a criminal investigation report (a suspect's criminal identification and CCTV inside a restaurant), a criminal investigation report (Attachment to a black booms image caps and an accident video CD);

1. Application of Acts and subordinate statutes to a medical certificate (C), investigation report (Submission of a medical certificate for injury of a victim and a written estimate for repair costs of a vehicle), investigation report (Submission of photographs to damaged vehicles of a victim);

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

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