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(영문) 서울동부지방법원 2018.10.05 2018고단2533
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of 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 a BINI Cooper D car.

On June 18, 2018, the Defendant was driving the above car on the 23:45 day on June 18, 2018 and changed the lane to the four-lane in order to move back to the alley of the food moving in the city, while driving the road in front of Songpa-gu Seoul Metropolitan Government, along three-lanes in the direction of the width of the road in front of Songpa-gu Office, at a speed of about 40km.

In such cases, the driver had a duty of care to operate the direction prior to the change of the vehicle line, notify the change of the course, and to change the vehicle line after living well in the traffic situation before and after the change of the vehicle line.

Nevertheless, when the Defendant neglected this and changed the tea line as it is, the Defendant did not discover the victim D (WW10WH 21 years old) driving in the same direction along the four-lanes from the right side of the vehicle, and the victim got the front wheels of the Defendant’s driver’s driver’s driver’s vehicle and got the front side of the vehicle above the floor.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the climatic tension that requires medical treatment for about two weeks, and at the same time, went away without taking necessary measures, such as immediately stopping the victim, and providing relief to the victim, even though the victim’s clibane was damaged to repair the clib.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement on the occurrence of D traffic accidents;

1. Each investigation report (No. 19,20, 23 once a year);

1. A survey report on actual conditions;

1. A detailed statement of the processing of the reported case and the closure of driver's license information information service closure;

1. A medical certificate;

1. Application of Acts and subordinate statutes to road photographs at accident scene;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act regarding criminal facts (the point of escape after the injury caused by occupational negligence).

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