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(영문) 서울서부지방법원 2013.10.24 2013고단1419

특정범죄가중처벌등에관한법률위반(도주차량)

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CK5 vehicles.

On March 23, 2013, the Defendant driven the above vehicle on March 23, 2013, and proceeded at a speed below the speed of Si speed, depending on the first lane between the fourth lane in the direction of the northwest of the Mayangdong, Mapo-gu, Seoul, the Defendant changed the lanes.

In such cases, when a person engaged in driving of a motor vehicle intends to change the vehicle line, he/she has a duty of care to change the vehicle line by operating direction direction, etc., giving prior notice of change of course, and taking into account the traffic situation of the front and rear.

Nevertheless, when the Defendant neglected this and changed the vehicle line by negligence, the victim D (the age of 34) driven by the victim D (the age of 34) who is proceeding two lanes in the same direction, and received the left-hand door part of the vehicle as the right-hand part of the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as salt, tension, etc. in need of medical treatment for up to 14 days, and injury to the victim F (F, female, age 31) who was on board the damaged vehicle, such as clock, tension, etc. in need of medical treatment for up to 14 days, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. A witness F legal statement;

1. Examination protocol of the accused by prosecution;

1. The actual condition survey report;

1. Financial statements, medical certificates, photographs;

1. Application of F of Acts and subordinate statutes to the protocol of prosecutorial statement concerning F;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment with prison labor;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the fact that there are no previous convictions other than once a fine, and the fact that the damage is relatively insignificant);

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;