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(영문) 서울남부지방법원 2015.10.06 2015고단3160
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 Poter Cargo Vehicles B.

On July 20, 2015, the Defendant driven the above cargo vehicle at around 20:20, while driving the front road of Gangseo-gu Seoul Metropolitan Government along the two-lanes from the side of the bridge between the opposite intersection and the opposite intersection, and tried to change the lanes into one-lanes.

In such cases, the driver of a motor vehicle has a duty of care to inform the driver of the motor vehicle of the direction before changing the vehicle line to his/her hand or direction, etc., and to check whether there is a motor vehicle that is being driven by checking the right and the right and the right and the right and the right and the right and the right and the right and right

Nevertheless, the Defendant neglected this and went to the left part of the Defendant’s driving vehicle, which was driven by the victim D (year 42) driving in the same direction as that of the Defendant’s driving vehicle, due to the negligence of entering the same one lane, received the part of the victim’s driving vehicle in front of the right part of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt and tension, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the repair cost, such as the exchange of 1,335,398 won, was destroyed to the extent that the damaged vehicle was destroyed to the extent that the 1,335,398 won was destroyed, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and statements on the occurrence of traffic accidents;

1. Vehicle photographs and blackbox images;

1. Application of Acts and subordinate statutes on a written diagnosis (D) and written estimate for the preparation of a doctor;

1. The point of escape after the death or injury caused by occupational negligence in relation to the relevant criminal facts: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 of the Road Traffic Act;

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