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(영문) 인천지방법원 2014.10.10 2014고정2888

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 Grand Co., Ltd.

On May 8, 2014, the Defendant driven the above van on May 19:27, 2014, and proceeded along four-lanes of the road in front of the 858 mix of the New World Apartment, Nam-gu, Incheon, Nam-gu, Incheon, with four-lanes of the width of sand village.

In such cases, the driver of a motor vehicle has a duty of care to check the safety of the course by checking well the right and the right of the front side of the motor vehicle, to maintain the safety distance to avoid drilling with the motor vehicle in front, and to prevent the accident in advance by driving safely.

Nevertheless, while the defendant neglected this and proceeded as it is, the defendant found the DNA car which is driven by the victim C (Woo, 27 years old) who is standing in the signal signal atmosphere at the bend of the bend of the bend, and operated rapidly, but the defendant did not avoid it but received the back part of the passenger car of the victim in front of the passenger car of the defendant.

As a result, the Defendant, by negligence in the course of performing the above duties, suffered confluences, etc. requiring treatment for the victim, and at the same time did not take necessary measures, such as aiding and abetting the victim, even though the damaged vehicle was damaged to be in an amount equivalent to KRW 860,363, such as the exchange of livers, etc., but did not take necessary measures, such as aiding and abetting the victim. As if the victim would follow the parking, the Defendant told the victim as if he would follow, and

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning medical records and records, such as photographs of damaged vehicles, diagnostic reports, actual condition survey reports, estimates, and ctiv photographs of a new global apartment parking lot;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, 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 Competition.