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(영문) 서울동부지방법원 2021.01.14 2020고단3623
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or equivalent) is a person who is engaged in driving a bicycle BPCX 125cc motor.

On August 17, 2020, the Defendant operated a bicycle with a motor device device around 23:25, and proceeded ahead of the D cafeteria located in Seongdong-gu Seoul Metropolitan Government along with F fixed-type and air-sections.

At this time, the passage of pedestrians is frequent, and in such a case, there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed and checking the right and the right before and after the driving of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the above road and received the part of the victim G (the 41 year old)'s left part of the cafeteria which was seated on the outside cafeteria on the right side of the above road as the motor device bicycle.

Ultimately, even if the Defendant suffered from the injury of “blue elbows and other parts of elbows, tensions, etc.” due to the above occupational negligence, he immediately stopped and escaped without taking measures, such as providing relief to the injured party.

2. On August 17, 2020, from around 08:00 to 23:50 on the same day, the Defendant operated a motor bicycle in the BPCX 125cc engine device in the state where the validity of a motor bicycle driver’s license was suspended by starting from the Defendant’s residence located in Gwangju-si from around 08:00 to around 23:50 on August 17, 202, via Hanam-si, Songpa-gu, Gangnam-gu, Seongdongdong-gu, etc. to the Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Sponsoric photo of the victim in a medical certificate;

1. Investigative into the ledger of driver's licenses and the main office;

1. Application of the Act and subordinate statutes to a survey report and investigation report (the closure of CCTV-related images for the purpose of protection);

1. Relevant Articles of the Act concerning the facts constituting the crime;

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