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(영문) 서울중앙지방법원 2020.09.11 2020고단1650
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 became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of Bone Star bus in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Around 06:20 on February 10, 2020, the Defendant driven the above van, while driving it along the five-lane 210 as the letter Dok-ro, Dongjak-gu, Seoul, Seoul, would proceed from the side of Yeongdeungpo-gu to the diving-dong.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by operating a direction direction, etc. when changing a lane, giving prior notice of a change in course and well-being the traffic conditions of the front and rear left, and by changing the lane.

Nevertheless, the defendant neglected this and proceeded by changing the course to a three-lane on the right side as it is, and the part of the victim C (year 42) driving along the lane from the right side of the proceeding direction was shocked into the right side side side of the defendant's knife.

As a result, the Defendant suffered injury to the above victim, such as salt, tensions, etc. in need of treatment for about two weeks in the above occupational negligence, and at the same time, the Defendant, while destroying and damaging the car owned by the victim to fall under KRW 7,852,40,00, the Defendant did not take necessary measures to rescue the victim by stopping the car immediately.

2. Around 06:20 on February 10, 2020, the Defendant was driving the said Lone Star Co., Ltd without a driver’s license at the section of approximately 38km from the front of the Defendant’s house located in Yongsan-gu, Yongsan-gu, Yongsan-si to the Olympic Games.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement on the occurrence of traffic accidents, report on the occurrence of traffic accidents, and actual condition investigation report;

1. On-site access reports, estimates, medical certificates, and photographs;

1. Application of the statutes on crime preventionct video data of the suspect's residence;

1. Criminal facts;

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