(영문) 서울중앙지방법원 2020.04.08 2020고정6

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(영문) 서울중앙지방법원 2020.04.08 2020고정6

특정범죄가중처벌등에관한법률위반(도주치상)등

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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 motorcycle B.

On August 6, 2019, the Defendant driven the above motorcycle at around 08:05, and changed the lane rapidly from the old tunnel to the new intersection in the 119 Safety Center in the 480-lane of Jongno-gu Seoul, Jongno-gu, Seoul.

At the same time, the front door of the road at a crosswalk where a signal, etc. is installed, a car stops in order to walk to the old flag tunnel, so in this case, the steering gear, brakes and other devices of the motor vehicle shall be accurately operated for the driver of the motor vehicle, the driver of the motor vehicle shall not drive the motor vehicle at such a speed or in such a manner as to inflict any danger and obstacle on others according to the traffic situation of the road and the structure and performance of the motor vehicle, and the driver of the motor vehicle has a duty of care to safely drive the front door traffic situation and prevent the accident in advance.

Nevertheless, the defendant neglected to do so and neglected to change the course from the three-lane to the one-lane, and moved the part on the side of the driver's motorcycle into the front part of the defendant's motorcycle, after the driver's motorcycle (75 years old) stopped in the first lane.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt ties and tensions that require treatment for about two weeks, and at the same time, 4,149,810 won of the repair cost, such as the exchange of panions following the said damaged vehicle to the extent that the said vehicle was damaged, and escaped without immediately stopping the said vehicle and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Criminal facts;

유사 판례

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