(영문) 서울남부지방법원 2020.12.01 2020고단1771

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(영문) 서울남부지방법원 2020.12.01 2020고단1771

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BMW SUV car.

Around 04:00 on November 3, 2019, the Defendant driven the said BMW car, and proceeded along the Olympic Games of Gangseo-gu Seoul Metropolitan Government 70-20 letter 70-20 letter, in the direction of the locking room, along the four-lanes in the direction of the Kimpo Airport.

At the time, the Defendant was at night and the Defendant tried to change the lane from the fourth lane to the second lane. In such a case, there was a duty of care to change the lanes by operating direction direction, etc. to those engaged in driving motor vehicles, and giving prior notice of the change of course to those engaged in driving motor vehicles, and considering the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and did not operate the direction, but changed the lane from the four-lane to the two-lanes as they are. However, the Defendant was driven by the victim C(the age of 30) who was trying to change the lanes from the one-lane to the two-lanes. The Defendant was driven by the front side of the above BMW car driving by the Defendant.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C and the victim E (V, 59 years old) who was accompanied by the said car, for approximately three weeks of medical treatment. At the same time, the Defendant did not immediately stop the said car to the extent of KRW 1,048,190, such as the right-hand fishing exchange, and did not take necessary measures such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. As a result of the examination of video images of this court, the protocol of examination of the accused;

1. Statement on the occurrence of each traffic accident (Defendant and C);

1. Damage to the actual survey report or a damaged vehicle;

1. Each written diagnosis;

1. The Defendant of the specifications of automobile inspection and maintenance is arguing that he was unaware of the accident due to the occurrence of an accident while driving a stroke, but according to the results of this court’s video verification, the shock caused by the accident.

유사 판례

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