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(영문) 서울중앙지방법원 2019.05.28 2019고단1248
특정범죄가중처벌등에관한법률위반(도주치상)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 engaging in driving a NAS car.

On September 20, 2018, the Defendant driven the above car on September 23:45, 2018, and proceeded three lanes from among the roads front of the Djust Station in Suwon-gu, Suwon-si, Suwon-si, to the ebbbbbb off the World Cup stadium.

In such cases, a driver of a motor vehicle is obliged to safely drive the motor vehicle by considering the conditions of operation of the motor vehicle, such as the front and the surrounding traffic conditions, and accurately operating the steering and brakes of other motor vehicles, and when it is likely to impede normal traffic of other motor vehicles located in the direction of the change if it is intended to change the course of the motor vehicle, the driver has a duty of care to prevent accidents due to the failure to change course.

Nevertheless, the Defendant neglected this and changed the two lanes from the three lanes to the two lanes, which led to the change of the two lanes in the same direction, and the part as the front right side of the FJ-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to brain sugars, etc., without two weeks of open treatment for the victim. At the same time, the Defendant, while destroying and damaging vehicles to the extent of KRW 896,388, such as the post-dronon painting, did not immediately stop and escape without taking necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Results of watching and viewing damaged vehicles' black boxes and video CDs;

1. Statement to E by the police;

1. A report on traffic accidents and a report on actual condition;

1. A medical certificate of injury, inquiry letter of fact, and written estimate;

1. Application of the Acts and subordinate statutes of destruction photographs of damaged vehicles, black pictures of damaged vehicles, and photographs of shock parts of vehicles;

1. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the Criminal Act.

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