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(영문) 서울북부지방법원 2016.11.24 2016고정2021

특정범죄가중처벌등에관한법률위반(도주치상)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of B 124cc.

On June 29, 2016, the Defendant driven the above Oralba on the 16:35th day of June, 2016, and entered the Dobong-ro 147 Hon-ro, Gangnam-gu, Seoul, into the Dobong-ro, along the three-lane Do-do Do-ro.

At the time, there was a vehicle directly under the left-hand side of the defendant's running direction, so the person engaged in driving service has a duty of care to temporarily stop prior to entering the road as well as to check the safety of the course by checking well the right and the right and the right and the right of the vehicle and to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and entered the front side and the left side of the taxi, and obstructed the front side of the Dunetna taxi operated by C(55 years old), which was driving by C(55 years old) with two-lanes, and caused C to change the vehicle rapidly into the first lane, thereby causing C to conflict between the lower right side and the lower right side of the Franchi vehicle driven by the victim E(65 years old) who was driving on the upper left side of the said taxi.

Ultimately, the Defendant, by occupational negligence, escaped without taking necessary measures, such as aiding the victim, even though he suffered injuries, such as salt, tension, etc., in need of treatment for the victim at least two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and C;

1. Written estimate, vehicle photograph, and written diagnosis;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Photographs of a taxi bbbbox CD, a witness vehicle (G) video CD, a taxi, and a witness vehicle to capture a photograph;

1. Application of Acts and subordinate statutes to investigation reports (on-site photographs), investigation reports (on-site photographs, and escape routes of the suspect);

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and the choice of punishment.