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(영문) 수원지방법원 안양지원 2019.07.26 2019고단760

특정범죄가중처벌등에관한법률위반(도주치상)등

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

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 driver of a Party B’s car.

On February 7, 2019, at 03:55, the Defendant changed the lane into a non-lane in the direction of the three-lanes while driving the three-lane of the three-lane road from the 24.6km point in Incheon Don-dong, Seopo-dong, Seopo-si, Seopo-si, Incheon to the 26-km-dong Highway.

In this case, the driver of a motor vehicle has a duty of care to safely change the lanes without impeding the operation of other motor vehicles in the way that he/she intends to move on the direction direction, etc. in advance and drive on the road.

Nevertheless, the defendant neglected to enter the vehicle and interfered with the change of the two-lanes by occupational negligence, which led to the change of the two-lanes, received the left-hand side of the victim C(W, 40 years old) driving, which was proceeding on the two-lanes.

As a result, the Defendant suffered injury, such as salt ties and tensions, in need of medical treatment for about two weeks, and at the same time escaped from the site without taking measures such as saving the victim, even though the said vehicle was damaged to have an amount equivalent to 3,342,400 won of repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A medical certificate;

1. Application of the statutes on a written estimate;

1. 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 concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Order to attend lectures under the Criminal Act;