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(영문) 청주지방법원 2013.08.22 2013고정624

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

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 driving of a vehicle B K5 on his/her own.

On May 30, 2013, around 09:30 on May 30, 2013, the Defendant was driving the above vehicle in front of the Pyeongtaek-dong, Yongsan-gu, Chungcheongnam-si, and was driving at the three-lanes of the distance of outflow distance from the area of windowpology to the three-lane of the distance of outflow, and changed the course into the two-lane.

In such cases, when a driver changes a two-lane, he/she shall not change his/her course when it is likely to impede normal traffic of other vehicles running in the direction to which he/she intends to change, and shall not change his/her course in advance, give prior notice of change in the course, and make a safe change in the lane to prevent accidents.

Nevertheless, due to the negligence of driving a shift of course into two lanes, the victim C (56 years of age, South) who was driving in two lanes of the same direction as the Defendant's vehicle, has the right side of D driving in the same direction as the Defendant's vehicle, followed by the left side of the Defendant's vehicle, and conflicting with the wheels side.

At the same time, the Defendant, by negligence in the above business, sustained injury to the injured party C by light salt and the right-hand shoulder, requiring approximately two weeks of medical treatment, and at the same time, destroyed the damaged vehicle to the extent of KRW 491,223 of the repair cost of the damaged vehicle and escaped without taking necessary measures, such as stopping, and providing relief to the injured party C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. On-sites, vehicle photographs, and two-rolling stock studes and photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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 Concurrent Crimes;

1. Selection of a fine for negligence;