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(영문) 서울동부지방법원 2021.01.12 2020고단3488
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

The defendant is a person who is engaged in driving of the Ck7 car owned by the Bank of Korea.

On August 19, 2020, the Defendant driven the above car at around 10:20, and used the intersection of the village of Gangdong-gu Seoul Metropolitan Government D in the direction of the street from the E middle school surface to the direction of the street from the E middle school.

Since there was a cross-section, there was a duty of care to prevent accidents in advance bypassing the vehicle that is directly connected to the front side and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and neglected to make a right-hand turn to the left-hand side of the car driven by the victim F ( South, 60 years old) under the new subparagraph in the direction of the street from the north-hand side of the running direction of the Defendant at the time when the Defendant was driving.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the string that requires approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as stopping and providing relief to the damaged party, while destroying the said string car to cover KRW 1,601,114, such as exchange of the front door to the right.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the F's statement made by the police;

1. Application of Acts and subordinate statutes to photographs and photographs of accidents using a diagnostic letter and written estimate map and CCTV screen to the extent that such photograph is to be taken;

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 each sentence of imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (a) causes a traffic accident, thereby concealing the driving of drinking.

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