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(영문) 서울서부지방법원 2016.11.10 2016노966
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor of the gist of the grounds for appeal, the Defendant’s failure to perform his/her duty of care in changing the tea as stated in the facts charged in the instant case, caused the cab driven by the victim E, and thereby caused the injury to the victim E and the victim G, who is a passenger, and thereby damaged the said cab, can be acknowledged that the Defendant escaped without taking necessary measures, such as providing relief to the victims.

Nevertheless, the lower court found the Defendant not guilty of the facts charged of the instant case due to insufficient deliberation, which did not examine necessary evidence, such as the verification, by misunderstanding facts or ordering the submission of evidence for the video clips.

2. The summary of the facts charged in the instant case is a person engaging in driving a DK5 taxi.

On October 5, 2015, at around 01:15, the Defendant driven the first taxi in the four-lanes of the Yongsan-gu, Yongsan-gu, Yongsan-do, Yongsan-gu, Seoul, and continued to work in the direction of separation from the Gu.

Since the Defendant changed the lane into the second lane at the time, the Defendant had a duty of care to change the lane by operating direction direction, etc. to those engaged in driving of a motor vehicle and giving notice of change of course to those engaged in driving of a motor vehicle, and taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and instead changed the lane from the third lane to the second lane, and caused the victim to operate a steering gear to avoid drilling by negligence, which caused the victim’s launcing taxi and the second lane competition with the victim E (Nam, 68 years old) driving.

It has lost balance and had the right straw to the styst of the taxi.

The Defendant’s negligence of occupational negligence inflicted injury on the victim, such as brain dead, etc. which requires medical treatment for about one week, and three weeks to G (ma, 48 years old) who is the victim of the said rocketing taxi passenger.

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