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(영문) 서울중앙지방법원 2016.06.17 2015고단6694
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The accused is a person who is engaged in driving a car B car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle), violation of the Road Traffic Act (Egress after accidents), and violation of the Road Traffic Act;

On January 11, 2011, the Defendant driven the above car as a business of driving around 23:05, along the two-lanes from the Han River intersection to the Han River intersection, as in the Korean Olympic Games, as an exclusive road for motor vehicles.

In such cases, when a person engaged in driving service of a motor vehicle intends to change course, he/she shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction of the change, and shall operate the direction, etc. in advance, give prior notice of change of course, and make safe changes in the lane to prevent accidents from spreading.

그럼에도 불구하고 피고인은 이를 게을리 한 채 진로를 변경한 과실로, 이때 같은 방향 1 차로를 진행하는 피해자 C(44 세) 가 운전한 D 로 체 택시를 미처 발견치 못하고 피해차량의 우측 옆 부분을 피고인 차량의 좌측 앞 휀 다 부분으로 들이받아 피해차량이 좌측으로 튕겨 나가면서 좌측에 설치된 분리대를 충돌하게 하였다.

Accordingly, the Defendant suffered from the victim E (n, 27 years old) who is a passenger on the back of the victim C due to such occupational negligence as above, and at the same time, the Defendant did not immediately stop the damaged vehicle so that the repair cost of the damaged vehicle would be approximately KRW 780,648, and escaped without taking necessary measures, such as providing rescue to the victims.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant did not purchase a mandatory insurance policy at the same time as Paragraph 1.

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