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(영문) 인천지방법원 2013.05.09 2013고단1270

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Cknife car.

On January 13, 2013, at around 01:17, the Defendant operated the three-lane 15.9km of the 15.9km at the direction of the Seoul Metropolitan Government on the Gannan Highway located in Seosan-gu, Incheon Metropolitan City, thereby driving the 3-lane 15.9km at the direction of the Seoul, thereby driving the knife car into the burg of Incheon Sinb.

A person engaged in driving of a motor vehicle has a duty of care to operate a direction-setting, etc. when changing the vehicle line, give an advance notice of a change of course, and make an alteration of the vehicle line in the situation of the front and rear left-hand.

Nevertheless, the Defendant neglected this and neglected to change the vehicle line to the left-hand side of the same direction, and was driven by the victim D(50 years old) who operated the same direction as it was driving by the Defendant as the left-hand part of the car operated by the Defendant.

Ultimately, the Defendant caused the victim D’s injury on the left-hand wound, which requires a medical treatment of approximately three weeks due to the foregoing occupational negligence, and suffered from the victim F (30 years of age) who is the passenger of the said spati-type car, the victim F (30 years of age) in need of medical treatment for about three weeks. The victim G (29 years of age) who is the same passenger, suffered the injury of the left-hand salt in need of medical treatment for about two weeks, and even if the said spati-type car was damaged to cover KRW 4,612,241 of the repair cost, and went away without taking necessary measures as a driver, such as immediately stopping the vehicle and aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement made to F and H;

1. Written statements of D;

1. A survey report on actual condition, on-site map of a traffic accident, and photographs of the accident site;

1. Written estimate;

1. Application of Acts and subordinate statutes to opinions and medical certificates;

1. The crime committed by the pertinent Article of the Act on the Aggravated Punishment, etc. of Specific Crimes is committed after the death or injury caused by occupational negligence: Article 5-3 (1) 2 and Article 268 of the Criminal Act.