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(영문) 서울남부지방법원 2019.07.04 2019고단2050

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 26, 2019, the Defendant was a person engaged in driving Bran-do taxi, who driven the Gyeong-do taxi and driven the Gyeong-do Highway along one-lane from the Incheon Gyeong-si to the new IIC bank. On March 26, 2019, the Defendant changed the lane to the right side in front of Yangcheon-gu Seoul Metropolitan Government.

In such cases, there was a duty of care to prevent accidents in advance by making it possible to see whether other motor vehicles have access to the motor vehicles at the rear side of the lane intended for change, and by safely changing the lanes.

Nevertheless, while neglecting this, the Defendant neglected the access of the EWz C220D car driven by the victim D in the latter part of the two lanes, and did not discover it and did not change the lane as it was, the Defendant’s occupational negligence, which led to the left part of the said BWz car, to the right part of the said franchise taxi, following the upper part of the said franchise taxi.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, while at the same time, the Defendant stopped immediately and escaped without taking necessary measures, such as providing relief to the victim, even though the Defendant destroyed the said benz car to be repaired by 38,582,767 won, such as the exchange of the front benz.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. A yellow survey report, a blackbbox image CD;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of issue after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The case of escape and accident after the injury of traffic accident caused by the sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order.