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(영문) 서울서부지방법원 2014.06.10 2014고단47

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three 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 the Eststststy taxi owned by the D Mysta-si.

On December 21, 2013, the defendant driving the above taxi on December 21, 2013, and driving it on the 04:06, and driving it on the 3-1 lane in Yongsan-gu Seoul Metropolitan City, Yongsan-gu, the defendant changed the course into a two-lane, while driving it on the 3-1 lane in the 3-1 lane in front of Yongsan-gu, Yongsan-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance due to changes in course by operating direction, etc. in the surrounding areas while well-beinging traffic conditions, notifying a change in course in advance, and preventing accidents by changing course in a way that does not impede normal traffic of other motor vehicles in the direction of change.

Nevertheless, the Defendant neglected this and instead changed the course into two lanes to board the customers who see on the side of the road while not operating the direction, etc., and caused the victim F (the age of 45) who followed the right side of the said taxi and proceeded to the same direction as the fences of the said taxi, carried out the two-lane part after the right side of the said taxi, and caused the said cargo vehicle to be placed on the left side of the said truck, and caused the said vehicle to be placed on the right side of the road and by the shocking the said vehicle to the right side, and by having the signal apparatus installed on the right side of the proceeding.

At the same time, the Defendant got injured of the victim by occupational negligence as above, and the Defendant escaped without taking necessary measures, such as providing relief to the victim, by immediately stopping the said cargo vehicle with the repair cost of five million won. Accordingly, around 12:05 on December 21, 2013, at the J Hospital located in Yongsan-gu Seoul Special Metropolitan City I caused the death of the victim with a multi-faceted long-term system due to low blood shock and cardiopulmonary heat.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. A traffic accident report;

1. Vehicles operating a criminal investigation report (presumed estimate) and a criminal investigation report;