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(영문) 청주지방법원 2018.10.25 2018고단823
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

The Defendant is a person who is engaged in driving of a earth and sand taxi in B.

On January 31, 2018, around 08:45, the Defendant driving the said taxi on the two-lanes in front of the Heung-gu Seoul Metropolitan City residents' service center, and driving the said taxi on the two-lanes in front of the Seocheon-gu community service center, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and proceeded to the Heak-gu away from the new service distance.

Since the Defendant changed the vehicle line into one lane at the time, the Defendant had a duty of care to change the vehicle line by operating direction direction, etc. to those engaged in driving of a motor vehicle and giving notice of change of course, and considering the traffic situation at the right and right before and after, the Defendant had a duty of care.

Nevertheless, if the defendant neglected this and instead changed the lane from the two lanes to the one lane without a direction, the defendant was negligent in changing the lane from the latter part of the defendant's vehicle in the last place to the one lane, the defendant operated the steering gear to avoid gold drilling with D 125 U.S. driving of the victim C (18S.) who changed the lane from the latter part of the defendant's vehicle in the last place to the one lane, and lost balance, and the defendant got the steering gear to avoid gold drilling.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury, such as a dubation of the inside and outside the left-hand side in need of treatment for about six weeks, and at the same time escaped without immediately stopping and taking necessary measures, such as providing relief to the damaged person, even though the said dub was damaged by the repair expense.

Summary of Evidence

1. Partial statement of the defendant;

1. C Legal statement;

1. Statement made by the police against C;

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

1. On-site photographs and video data of an accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the injury);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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