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(영문) 서울북부지방법원 2017.05.11 2017고단852
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with sod motor vehicle B.

On February 24, 2017, the Defendant driven the above car at around 16:40, and changed the lane to the left-hand side in front of the quarter coming to the inside circulation, while driving in front of the 539 Cheongcheon-ro, Dongdaemun-gu, Seoul, Cheongcheon-ro, 539 Mampp, in a ancient city, along the three-lane 9 way in the direction of the Cheongcheon-do.

In this case, a person engaged in driving of a motor vehicle has a duty of care to make a change of course by operating a direction, etc. in advance, give prior notice of change of course, and thoroughly take the direction to transfer and proceed in order to change the course of the motor vehicle.

Nevertheless, the Defendant neglected this and did not turn on the direction in advance, but did not check the driving status of the vehicle on the left-hand side, and was negligent in changing the course of the vehicle on the left-hand side of the Defendant’s driving direction, the Defendant received the back portion of the right-hand side of the victim C(65 years old) who was driving on the left-hand side of the Defendant’s driving direction.

As a result, the Defendant suffered injury to the victim, such as a field check and freshion, which requires medical treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant destroyed the said CR-V car to fall under KRW 3,653,360, such as exchange of back crimeers, and escaped without taking necessary measures, such as immediately stopping, and providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the written estimate statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for mitigation of amount;

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