logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.17 2018고단1978
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of 6 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 a car B or car.

On February 3, 2018, the Defendant operated the above car around 02:00, and was driving 33-lane 70, a 33-lane 40 (tension-dong) at the pressure-gu Seoul, Gangnam-gu, Seoul, and continued three-lanes in the direction of the Young-dong intersection from the south of the Sung Man-gu, the Defendant changed the course while driving it in the direction of the Young-dong intersection.

In such cases, a driver has a duty of care to prevent accidents by operating the direction light in advance, and changing the lane safely, such as keeping the traffic condition of the vehicle in next lane, etc.

Nevertheless, the defendant neglected this and changed the two lanes as it is, and the two lanes of which are speeded about 80 km per hour, conflict with the driving class of the victim C(45 years) driving and the front part of the driver's seat of the defendant.

The Defendant, by negligence in the above occupational negligence, suffered injury to the victim, such as chrops and tensions that require approximately three weeks of treatment, and at the same time, the victim’s vehicle was damaged by the repair cost of KRW 7,652,403 and escaped without any necessary measures such as providing relief to the injured party by immediately stopping the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Photographs of the damaged vehicle, and estimate of the damaged vehicle;

1. Blue video CDs for damaged vehicles;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has a record of being punished for driving under drinking, under the unfavorable circumstances.

arrow