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(영문) 서울동부지방법원 2019.09.06 2019고정693
특정범죄가중처벌등에관한법률위반(도주치상)등
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 of the B-solitary code car.

On March 23, 2019, at around 22:10, the Defendant, at the speed of speed, proceeded from the parallel road of Seongdong-gu Seoul to the Gun along the two-lanes from the parallel of gender to the Gun, along the two-lanes from the parallel of gender.

At night and the above location was four-lanes of vehicle traffic, so in such cases, the driver of the motor vehicle has a duty of care to inform the driver of the motor vehicle of the direction change in advance and to prevent the traffic accident by changing the lane safely by making the traffic situation of the front and rear left well known in advance.

Nevertheless, the Defendant neglected this and did not take the above measures, and instead changed the way to the right-hand side, and received the left-hand side part of the DK5 car driven by the victim C(35 years of age) who was driving in the later side of the three-lane, as the front side of the Defendant's car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as background and salt panion requiring treatment for about two weeks, and, at the same time, escaped without immediately stopping the said K5 car, which is owned by the victim, and without taking necessary measures, such as providing relief to the victim, even though it damages the 1,496,566 won of repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The first police statement concerning C;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. Photographs of the damaged vehicle, the place where the victim confirms the victimized vehicle, and the distance (on-site guidance);

1. A criminal investigation report (related to the submission of a victim's diagnosis report and written estimate - including a diagnosis report and written estimate);

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Duties of Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts.

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