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(영문) 서울중앙지방법원 2012.11.14 2012고정3999

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 11, 2012, at around 22:25, the Defendant: (a) driven a Cchip car and driven the 4-lane road in front of the Seoul Seocho-gu Seoul Metropolitan Government D apartment, along the three-lanes of the said road, from the active room to the Gangnam-gu terminal. On the part of duty, the Defendant caused the injury of the victim G (the 46-year-old and female) who is the passenger of the said bus, by taking the front side of the Fchip car driven by the victim E (the 45-year-old) who was driving along the first lane of the bus exclusive route of the said road, due to the occupational negligence of making a left-hand turn in violation of the signal at the front intersection of the said road, and due to the victim E (the 45-year-old and the 46-year-old passenger) who was driving the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Entry of a traffic accident report;

1. Application of each statute to each written diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

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

1. The portion not guilty of Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse;

1. On May 11, 2012, the Defendant: (a) driven a Cchip car and proceeded along the 4rd line road in front of the Seoul Seocho-gu D apartment, Seocho-gu, Seoul, along the three-lanes of the said road from active duty-free to the south of the Gangnam-gu branch; (b) by negligence in the course of performing duties in violation of the signal at the front intersection of the said road; and (c) by negligence in the course of duties in violation of the signal at the front intersection of the bus road; and (d) by the victim E who was driving along a one-lane of the bus exclusive lane on the front side of the vehicle driven by the Defendant, the Defendant sustained the injury of the victim E and the passenger passenger G of the said bus to undergo approximately two weeks medical treatment; and (d) at the same time, the said bus is damaged to ensure that the repair cost is 732,800 won.