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(영문) 서울북부지방법원 2021.03.25 2020고단3217
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On June 25, 2020, the Defendant driven the above car at around 08:45, and changed the lane from the front side of Seongbuk-gu Seoul to D's 3 lanes from the front side of the rocks distance.

A person who is engaged in driving of a motor vehicle has a duty of care to make a safe change in the course of driving the motor vehicle, by accurately operating the steering gear and brake system when he/she intends to change the course of driving the motor vehicle.

Nevertheless, the Defendant neglected this and operated a motor bicycle with the change of the vehicle line as it is without examining the traffic situation of the changed vehicle, and operated a bicycle in the same direction as it is. The Victim F (33 Do) who was driving the 4 vehicle in the same direction, went beyond the ground in order to avoid the vehicle of the Defendant.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim of a shoulder and tension that requires approximately two weeks of treatment, and at the same time, did not immediately stop the bicycle so that the sum of 1,040,000 won for repair is damaged and the Defendant escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report filed by the police with respect to F and a written diagnosis and written estimate;

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

1. A fine referred to in Articles 40 and 50 of the Criminal Act for the option of a punishment for the ordinary concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that there was no previous conviction except once a fine due to driving under drinking in 2009, the victim of this case agreed smoothly with the victim of this case, and the accident of contact with the victim.

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