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(영문) 서울북부지방법원 2015.12.04 2015고정1261

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle in D Ecoos.

On January 18, 2014, the Defendant driven the above vehicle around 23:10, and proceeded at a speed of about 50 km from the surface of the network well-gu Seoul, Jung-gu at a speed of about 80km to the front side of the entrance of the network well-park, which is located in the 81-dong, Jung-gu, Seoul.

At this time, the defendant changed the two lanes, so in such cases, the person engaged in driving service had a duty of care to change the lanes by operating direction instructions, etc., giving notice of change of course, and taking into account the traffic situation of the front and rear left, and thereby making it possible to change the lanes.

Nevertheless, the Defendant neglected this and changed the lanes from the three lanes to the two lanes as they were, and caused the Defendant’s negligence, which led to two lanes in the same direction, to the back wheels part of the taxi for use by the victim E (Nam, 67 years old) driving in the same direction.

The Defendant by occupational negligence inflicted injury on the victim E, such as salt ties, tensions, etc. in need of approximately two weeks of medical treatment on the part of the Defendant: (a) sustained injury on the part of the victim G (Nam, 38 years of age) who is a taxi passenger, for approximately two weeks of medical treatment; (b) sustained injury on the part of the victim H (V, 38 years of age) in the foreline and tension in need of medical treatment for about two weeks; and (c) sustained injury on the part of the victim H, for about 491,698 won of the repair cost, without taking measures such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement in the occurrence of each traffic accident by E, G and H;

1. The actual condition of traffic accidents;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. After destroying and damaging things under Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54(1) of the Road Traffic Act regarding the crime.