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(영문) 서울동부지방법원 2020.05.19 2020고정18
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 a Switzerland car.

On July 12:30 on July 10, 2019, the Defendant driven the above SP car and changed the way into three lanes while driving the PPP car in front of the Gangdong-gu Seoul Metropolitan Government into four lanes from the direction of the GHHGG to the direction of the HHGGG, along four lanes.

In such cases, a person engaged in driving of a motor vehicle is likely to impede normal traffic of other motor vehicles running in the lane to be changed, he/she shall not change course, and he/she has a duty of care to inform the direction change in advance and to change the lane safely by taking into account the traffic conditions of the front and rear left.

Nevertheless, the Defendant neglected this and instead changed the three-lanes into three-lanes, and the Defendant was negligent in driving the victim D(32 years of age) who was driving the three-lane, in front of the right side of the E-Idi A6 vehicle, and followed the door in front of the left side of the Defendant’s driver’s vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim F, who was on board the said victim D and the same passenger car (hereinafter referred to as the “victim F, 32 years of age”), such as salt, tension, etc. in need of treatment for about two weeks, and at the same time, destroyed the said car so that the amount equivalent to KRW 1,732,734 of the repair cost would be equivalent to the repair cost, and escaped without taking necessary measures such as providing relief to the victim by immediately stopping the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about D (Simplified traffic);

1. F’s statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Each written diagnosis;

1. Written estimate;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to a report on investigation (verification of Trabbox Images);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act as to the crime under the applicable law, and Article 268 of the Criminal Act.

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