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(영문) 서울동부지방법원 2014.11.26 2014고단3158

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

The defendant is a person who is engaged in driving a CM5 car.

On August 5, 2014, the Defendant driven the said car at around 20:10, and started driving the vehicle from the front sidewalk of the Ecafeteria located in Gangdong-gu Seoul Metropolitan Government, to the G front sidewalk located in F, and operated it to the G front sidewalk located in F, and entered the five-lane road at the speed of about 20km in the direction of G, along five-lanes toward the shooting distance of the ecological park from the IC on the top of the first day.

Since this is a road where a central line is installed, the driver of the motor vehicle has a duty of care to look at the front line for the person engaged in driving the motor vehicle, and to safely walk the upper line to the right side of the central line.

Nevertheless, the Defendant neglected this and went to the shooting distance of the ecological park and went to the direction of the IC on the upper day according to the tent by the negligence of driving about about 20 meters away from the direction of the ecological park. The Defendant got to the left side of the front side of the car driving by the victim H(50 years of age) who entered the direction of the IC on the upper day according to the tent.

The Defendant, by such occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and at the same time, escaped without any necessary measures such as providing relief to the victim, even though the repair cost of KRW 740,148, such as the exchange of the front panion, was damaged to the degree of 740,148.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A traffic accident report;

1. A medical certificate;

1. Application of written estimate of general repair costs to Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. The choice of a selective fine and the victim shall be the same as the selective fine;