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(영문) 서울중앙지방법원 2012.03.16 2011고단5076
특정범죄가중처벌등에관한법률위반(도주차량)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

1. The defendant is a person engaged in driving a 1 ton cargo vehicle of Class C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Road Traffic Act, and the Road Traffic Act (unclaimed Measures after Accidents).

On July 15, 2011, at around 19:45, the Defendant changed the lane into five lanes while driving the Olympic Games in the vicinity of the 13 Han River Noise and Vibration in Dongjak-gu Seoul Metropolitan Government as a locking room from the scambling plane to the four-lanes.

When changing a vehicle line, a person engaged in driving a motor vehicle has a duty of care to safely change the vehicle line by operating a direction direction, etc., giving prior notice of a change in course, and taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected to do so and instead, was driven by the victim D (30 years of age) who was driving five-lanes in the same direction due to the negligence of changing the vehicle from the right side to the right side of the above cargo vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the affected party, such as saved saves that require treatment for about two weeks, and at the same time, destroyed the said car to the extent that the repairing cost, such as replacement and maintenance of saves, is equivalent to KRW 1,450,000, and escaped without taking necessary measures, such as stopping, and providing relief to the injured party.

2. On July 15, 201, the Defendant driven a 5km truck under the influence of alcohol with approximately 0.135% alcohol level from the road, prior to the office of the Gando-dong, Yeongdeungpo-gu, Seoul, Seoul, to the 2nd Winter Winter, Seoul, to the Olympic Games.

3. Notwithstanding the fact that a motor vehicle owner violating the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle with no mandatory insurance, the defendant shall enter the date and place as referred to in paragraph (1).

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