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(영문) 서울북부지방법원 2019.05.02 2019고단1065
특정범죄가중처벌등에관한법률위반(도주치상)
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 engaged in driving a rocketing car.

Around 15:50 on September 30, 2018, the Defendant driven the above car, and led to the left-hand turn from the Dobong-gu Seoul Metropolitan Government 927 to the Dobong-gu Dobong-gu Dobong-ro.

In this case, there was a duty of care for a person engaged in driving a motor vehicle to safely drive the motor vehicle according to the new code, where traffic is controlled by the traffic signal apparatus.

Nevertheless, the Defendant neglected this and received as part of the front part of the said car, the left part of the DNA driving by the victim C(22 years old) who is driving from the Dowing Station to the Dowing Station by negligence of left-hand turn, even though the vehicle signal was a straight-hand signal.

Ultimately, even though the Defendant suffered injury to the left-hand knee, etc. requiring medical treatment for about six weeks due to such occupational negligence, the Defendant left away without immediately stopping and taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be the mitigated area (six months to one year) (including the specially mitigated person] mitigated area after traffic accidents;

2. The Defendant, by negligence, caused a traffic accident by violating the signal at the intersection and thereby causing injury to the victim for about six weeks, without taking any measure.

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