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(영문) 서울남부지방법원 2014.07.24 2014고단486
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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 DNA car.

On December 8, 2013, the Defendant driven the above car on December 8, 2013, and proceeded along the road of four lanes in front of the New Month 916-17, Yangcheon-gu, Seoul, with three lanes from Incheon to Seoul, while changing the two lanes.

In this case, the driver of the vehicle has a duty of care to operate direction direction, etc. to give prior notice of change of course, and to change the car line in the future and the future by properly examining the traffic situation of the vehicle.

Nevertheless, the defendant neglected this and caused the victim F (50 years of age) who was driving the E-TT truck after the defendant at the time, to operate the E-TT truck as the left-hand side, and caused the victim F (50 years of age) who was driving the E-TT truck to operate it as the left-hand side in order to avoid the defendant's vehicle, thereby getting the central separation zone established on the left-hand side of the said two-lane.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer injury, such as dump, etc. requiring treatment for about three weeks, and, at the same time, escaped without taking necessary measures, such as stopping the said central separation zone, which is owned by the Seoul Special Metropolitan City Facility Management Corporation, for the repair cost of KRW 1,157,80, such as the exchange of front-time cargo vehicles owned by the victim, for the repair cost of KRW 3,113,420, such as the replacement of light nets.

Summary of Evidence

1. Partial statement of the witness F in the court;

1. A protocol of examination of part of the defendant by prosecution;

1. The police statement concerning F;

1. The actual condition survey report;

1. Written estimate, estimate, and written diagnosis of the damage to a facility;

1. On-site photographs;

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

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

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