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(영문) 서울동부지방법원 2018.11.20 2018고정247

특정범죄가중처벌등에관한법률위반(도주치상)등

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has driven a car in the field of business.

1. On July 23, 2017, the Defendant driven the above vehicle around 05:20 on July 23, 2017, and proceeded at a speed below five-lanes in the direction of locking the 7-lane road along the north of the Gangseo-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) from the mloping of the Dong-dong Bridge.

At the same time, there is a sign of the right of attention and a sign of the right ofpassing, and in such cases, the driver of the motor vehicle has the duty of care to prevent accidents from changing the way when it is likely to obstruct the normal traffic of other motor vehicles entering the direction of change when he/she intends to change his/her course, and the driver of the motor vehicle has the duty of care to prevent accidents by changing the lane safely.

Nevertheless, due to the negligence of changing the course from the five lanes to the six-lanes of the 7-lane, the part of the victim C(T, South, 69 years old) driving D Launta Private Taxi, which was proceeding along the six-lanes of the same direction, conflict with the other part of the driver's vehicle after the right side of the defendant's driving vehicle.

Ultimately, even though the Defendant suffered from an injury to the satisf in the satch in need of two weeks of diagnosis due to the above occupational negligence, the Defendant did not take necessary measures, such as aiding the victim, and escaped as it is.

2. At the time and place specified in paragraph (1) of the Road Traffic Act, the Defendant, by negligence in the course of performing duties, destroyed property equivalent to KRW 1,179,550 in the victim’s driving vehicle and escaped without taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. On-site photographs, estimates, and medical certificates of an accident;

1. Application of the Act and subordinate statutes to Chapter 1 of the incident video CD;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts (occupational duties)