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(영문) 서울남부지방법원 2018.01.24 2017고단5186

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

However, the execution of the above sentence 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 who is engaged in the operation of a car in Category C.

On 18:05 on 09. 09. 09., the Defendant driven the above vehicle, and proceeded the frontway of Guro-gu Seoul Metropolitan Government D, at the intersection of the friendly apartment, at the e-mail of the Gu, from the e-mail-ro to the e-ro gate.

At the time, the Defendant changed the lane from the five lanes to the three lanes, and in such a case, there was a duty of care to make a change in the lane by operating a direction direction, etc. to give notice of a change in course, and to make a change in the lane as well as the situation of traffic on the right and the right before and after.

Nevertheless, the Defendant neglected this, while driving the vehicle in three lanes as it is, and went away without taking measures such as providing relief to the injured party G (44 years) who was driving by the injured party E (hereinafter referred to as 43 years old) (hereinafter referred to as the "victim E") who was driving the vehicle in three lanes as it is, due to the negligence of changing the vehicle in three lanes as it is, the Defendant suffered injury to the injured party G (hereinafter referred to as the "victim E") who was driving on the right part of the passenger car in front of the left part of the Defendant’s car, and was driving on the injured party E and the damaged vehicle for about two weeks, and at the same time, destroyed the above damaged vehicle to KRW 1,96,378 of the repair cost, and failed to immediately stop and rescue the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police statement related to G;

1. A written statement of the occurrence of E traffic accidents;

1. A survey report on actual conditions;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to the face-to-face image of damaged vehicles;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and loss), Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of non-measures after property damage)

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

1. Imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act reflects errors in sentencing.