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(영문) 서울남부지방법원 2014.02.04 2013고단4574

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 a wing-franchising vehicle B.

On September 20, 2013, the Defendant driven the above car at around 12:30, and changed the lane to one lane while driving the two-lane road in front of Seoul U.S. Do road in the city of Kimpo-si at Kimpo-si at the city of Kimpo-si at a speed of about 80km in speed from the Kimpo-si at a speed of 2 lanes.

At the time, the Defendant, when the victim C (the age of 61) who was driving in the first lane, was driving the Dschton car, and therefore, when the vehicle is changed, the Defendant had a duty of care to operate the direction, etc. in order to give notice of the change in the course, and to change the vehicle in order to make the vehicle known to the person engaged in driving.

Nevertheless, the defendant neglected this and changed the line to the left-hand side as it is, and received the part of the above cargo loaded after the driver's seat of the above cargo.

Ultimately, the Defendant, by such occupational negligence, destroyed the victim C with approximately six-day medical treatment, and fleded without taking necessary measures, such as aiding and abetting the victim E (V, 57 years old), the victim F (V, 35 years old), the victim G (V, the victim H (6 years old), and the victim I (5 years old), while suffering from the injury of the climatic crop, etc. in need of medical treatment for about two-day medical treatment, and at the same time, destroyed the repair cost, such as the exchange of the front clier, to the extent that the repair cost is KRW 1,122,396, while stopping immediately.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of persons involved in each traffic accident in E, F and G;

1. A traffic accident report;

1. Photographs;

1. Each medical certificate and written confirmation of medical treatment;

1. Application of the statutes governing a written estimate;

1. The injury resulting from occupational negligence under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act regarding criminal facts.