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(영문) 서울서부지방법원 2020.08.13 2020고단849

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

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 person who is engaged in driving freight B.

On October 23, 2019, the Defendant driven the above cargo vehicle on October 23, 2019, and proceeded with the original ginseng distance of 8, i.e., the Guide-gu, Mannam-si, Sungnam-si, according to three lanes from the original station to the discharge from military service, and changed the lane into four lanes.

At the time, there are nights, and there are frequent traffic of vehicles, and thus, there were duty of care to check whether there are other vehicles in the lane to change the vehicle to those engaged in driving of the motor vehicle, and to safely prevent accidents by driving the motor vehicle in advance by giving prior notice of the change of the lane due to direction direction, etc.

Nevertheless, the Defendant neglected this and did not find the victim C (Nam, 40 years old) driving car running along the four-lanes as it was due to the negligence of changing the four-lanes as it was, and did not find the victim C (Seoul, and 40 years old) driving car, which was proceeding along the four-lanes, and caused the said car to spread back the left side of the said vehicle to the pande, and thereby, the said car was pushed back to the right side of the said one-lane, and the said vehicle was pushed back to the right side of the said one-lane, and was proceeding along the two-lanes of the victim E (Seoul, 60 years old) driving bus.

As a result, the Defendant suffered injury to the victims of light salt, etc. for about two weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant destroyed the car owned by the victim C and escaped without taking necessary measures, such as providing relief to the victims, even if it immediately stops, so that the repair cost equivalent to KRW 3,346,000.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Each written diagnosis;

1. Written estimate;

1. A traffic accident report;

1. Application of Acts and subordinate statutes c. 1 in storage, such as on-site and each vehicle photo, black boxes, etc.;

1. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.