(영문) 서울중앙지방법원 2020.02.07 2019고정2256

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(영문) 서울중앙지방법원 2020.02.07 2019고정2256

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a vehicle B E20d Coupe.

On May 4, 2019, the Defendant driven the above car at around 02:20, and changed the course to four-lanes while driving the front road of Gangnam-gu Seoul from the right hotel distance to the right branch line from the right hotel distance.

In such cases, a person engaged in driving of a motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change, and he/she has a duty of care to notify the direction to change the direction in advance and to change the lane safely by keeping the traffic situation of the front and rear left well.

Nevertheless, the defendant neglected this and did not discover the victim D(71)'s E-car that was proceeding at the rear side of the four-lanes due to the negligence of changing the course into the four-lanes, and received the front part of the victim's driver's seat in the rear side of the Defendant's driving vehicle.

Therefore, the victim, while tracking the driving vehicle of the defendant, temporarily stops the vehicle while driving the vehicle on the road, and gets off the vehicle on the vehicle, even though the defendant demanded a stop, the victim continued to go beyond the victim while driving the vehicle on the road.

The Defendant, by negligence in the course of performing such duties, sustained injuries to salt and tensions that require treatment for about two weeks, and escaped without immediately stopping the damaged vehicle and taking necessary measures, such as providing relief to the victim, even though the damaged vehicle was damaged to cover approximately KRW 1,009,094.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement on the occurrence of a traffic accident in DNA;

1. A report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of the victim D diagnosis certificate and written estimate for damaged vehicles (E).

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