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(영문) 인천지방법원 2014.09.02 2014고정2358

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) is a person engaging in driving service of wrespon automobiles;

On February 16, 2014, the Defendant driven the above vehicle at around 00:15, and 42-way in the south-gu Incheon, Nam-gu, Nam-gu, Incheon, the left 42-way, from the direction of the building of the Nam-gu office to the speed of sublime at the speed of the sublime, and thus, the Defendant has a duty of care to properly look at the front side and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected to do so and found the victim C (ma, 57 years old)'s rocketing and other vehicles that were sent to the front bank late, and operated it rapidly, but was insufficient, and was behind the above rocketing vehicle at the top of the front of the vehicle of the said ready-light vehicle.

Therefore, the victim suffered bodily injury, such as "satise saton satch," which requires treatment for about two weeks, and the victim did not take necessary measures, such as immediately sending the patient to the hospital, and left the site as it is.

2. The Defendant, at the time and place specified in the above paragraph (1) of the Road Traffic Act, escaped without taking measures to prevent danger and smooth communication on the road, even if 3,554,978 won of the repair cost for the replacement, etc. of a rocketing vehicle following the said rocketing vehicle, caused a traffic accident, such as the time and place specified in the above paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. On-site photographs and investigation reports (Attachment of photographs of damaged vehicles);

1. A written diagnosis for C;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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

1. Selection of a fine for negligence;