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(영문) 서울서부지방법원 2018.12.06 2018고단2683
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above punishment 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 engaged in driving a motor vehicle B with detached motor vehicles.

On July 2, 2018, the Defendant driven the above vehicle on July 2, 2018, and led to the rapid unification of Eunpyeong-gu Seoul Metropolitan Government 1020-dong.

A person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by properly operating brakes and steering the steering gear and steering gear.

Nevertheless, the Defendant neglected to do so and went through the above three-lanes from the “line of movable property,” the two-lanes of the “place of accident,” which led to the change of course to the left-hand three-lanes, and the victim C (37 ) (37 ) who was straighted in accordance with the same direction three-lanes of the DSS3 car driving in the direction of the same direction. The Defendant received the front-way part of the DSS3 car with the lower right-hand wheels of the DSS3 car.

As a result, the Defendant suffered light salt, right-hand salt, and so on from the Defendant’s negligence in the course of performing the above business as above. At the same time, the Defendant got about KRW 2,238,92 (including KRW 1,350,118) of repair cost, such as a multi-lap seal, etc., after destroying the Plaintiff’s divers, even though he did not take any measures, such as aiding the victim at the scene of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a traffic accident report (report on actual condition), 112 report processing table, investigation report (Submission of a victim C injury diagnosis certificate and written estimate of damaged vehicles), investigation report (the confirmation of black stuffs, which is suspected of suspect's unique circumstances (domination of suspect's identity), and investigation report (the confirmation of suspect's identity), etc.;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment;

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