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(영문) 서울동부지방법원 2017.11.09 2017고단250

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is driving a car on behalf of the Defendant and is engaged in driving service.

On August 5, 2016, the Defendant driven the said car at around 03:25, the Defendant attempted to change the course to one-lane in Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as the “Seoul Forest Street”). In such cases, the driver of a motor vehicle shall not change the course if it is likely to obstruct the normal passage of other vehicles running on one lane, and the driver of a motor vehicle shall not change the course if he/she is negligent in performing his/her duty of care to safely drive the motor vehicle by changing the course from the two lanes to the one-lane, while driving the motor vehicle at the one-lane in Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as 49 years old) to the two-lane shooting distance. The Defendant, upon neglecting the duty of care to safely drive the motor vehicle at the two-lane and the right side of the motor vehicle at the same time, had the victim suffer damage, such as the above 7-lane taxi stop and the above 9-day repair zone, without causing damage to the victim's upper left side of the said passenger vehicle, and the victim and the victim suffered damage to the above 3-day.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses G and E respective legal statements;

1. Two-time statements made to E and G respectively by the police;

1. A survey report on each actual condition;

1. A report on internal investigation (e.g., details of receipt of the case);

1. Photographs of damaged vehicles and vehicles;

1. Handphones and photographs of Handphones and face between persons who are in an incurable victim;

1. Photographs of the victim, including his/her face photograph, and photographs of the suspect;

1. The face pictures of the suspect that the representative driver G is interested;

1. A written diagnosis and written estimate for repairing damaged vehicles;

1. Application of the Acts and subordinate statutes to notify the result of a request for the SK Telecom;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under Article 5 of the relevant Act.