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(영문) 인천지방법원 2015.06.11 2015고정1225

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 29, 2015, at around 08:44, the Defendant driven a C Poter Cargo, and proceeded three-lanes of the Spoon-distance of 875 South-dong, Southern-gu, Incheon, with two-lanes from the direction of the Construction Technology Education Center to the 3-lanes of the Spoon-gu, Nam-gu, Incheon.

Since there is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to safely drive by complying with the signal.

Nevertheless, by neglecting this, the defendant's negligence in proceeding with a stop signal in violation of the signal, and the victim D (the 47 years old) driven by the normal signal from the left side of the running direction of the defendant to the right side of the vehicle operated by the victim D (the 47 years old).

As a result, the Defendant: (a) by occupational negligence, inflicted injury on the victim D, such as salt, tensions, etc.; (b) suffered injury on the victim F (the victim 52 years old), who is the passenger of the victimized vehicle, such as salt, tensions, etc. in need of treatment for about three weeks; and (c) at the same time, destroyed the damaged vehicle so that repair costs equivalent to KRW 9,075,880, such as the exchange of pans, etc. can be avoided; and (d) escaped without immediately stopping the damaged vehicle to rescue the victim and to check the damaged vehicle.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Reports on internal investigation (for victims' statements);

1. On-site reports (for the perusal ofCCTV);

1. An accident site photograph;

1. The skin vehicle and photograph of the damaged vehicle;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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 by applicable law;

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

1. Selection of penalty;