(영문) 인천지방법원 2018.02.28 2017고단9047

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(영문) 인천지방법원 2018.02.28 2017고단9047

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

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 CKa car.

On October 29, 2017, at around 19:30, the Defendant changed the lane to the two-lanes in the front of the quarter point of the expressway, which is the first in Gyeyang-gu Incheon Metropolitan City, into a four-lane, while driving along one-lane from the two-lanes in the mountain.

At this point, the two lanes and the two lanes are combined with four lanes, and the safety zone of a white solid line is installed at the center of the road, so a person engaged in driving service has a duty of care to change the course by a safe method by checking well the right and the right of the front side through the safety zone.

Nevertheless, the Defendant neglected this and caused the safety zone by occupational negligence in which the course was rapidly changed to the two-lanes of the left-hand side, and changed to the two-lanes of the front side of the road, and then the part behind the EM3 car of the victim D(46) driving, which was stopped to the front side of the vehicle of the Defendant, was turned into the front part of the vehicle of the victim FF (hereinafter 44 years old) driving, which was proceeding along the two-lanes of the front side of the vehicle of the Defendant, and caused the G SP car of the victim FF (hereinafter 44 years old), which was proceeding along the two-lanes of the front side.

Ultimately, the Defendant suffered injury to the victim D, such as salt, tensions, etc. in need of treatment for about 10 days due to such occupational negligence, and at the same time, destroyed the said SM3 car to be repaired in KRW 346,130, which is owned by the victim D, and escaped without taking necessary measures, such as destroying the above SM3 car repair cost to be KRW 769,038, which is owned by the victim F, and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A medical certificate;

1. Application of each written estimate statutes;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Act regarding criminal facts.

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