(영문) 서울중앙지방법원 2017.10.17 2017고정1931

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(영문) 서울중앙지방법원 2017.10.17 2017고정1931

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle with C investment vehicle.

On February 16, 2017, the Defendant driven the above car at around 23:40 on February 16, 2017, and tried to change the course to three-lanes while driving the four-lanes from the one side of the tunnel to the shooting distance of Samsung Hospital as Seoul Gangnam-gu.

In such cases, when a person engaged in driving a motor vehicle intends to change the course of the motor vehicle by closely examining the right and the right and the right of the motor vehicle, he/she has a duty of care to prevent the accident due to the absence of a change of course, if it is likely to impede normal traffic of other motor vehicles in the direction of the change.

Nevertheless, the defendant neglected the above duty of care and changed the course as it was, and the victim D (55 years old) driving with three-lanes of the three-lanes, took part of the steering side of the victim D (55 years old) driving, and caused the above Aburged vehicle to be the center of the vehicle and the road edge report boundary.

As a result, the Defendant suffered from the injury of the salt and tension of a shoulder that requires approximately two weeks of medical treatment, and at the same time, the Defendant, following the replacement of the said aburged vehicle, did not immediately stop to order the victim to take necessary measures, such as providing relief to the victim, while destroying and damaging the repair cost amount of KRW 2 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police with regard to D;

1. Each internal investigation report and each investigation report;

1. The actual survey report, a statement of the occurrence of a traffic accident, and evidence and photographs;

1. The victim was diagnosed by the following circumstances, which are acknowledged by each of the above evidence, that the victim suffered a fluoral and tension of a shoulder that requires approximately two weeks of treatment due to the instant accident, and the victim was diagnosed to have suffered a fluoral injury.

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