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(영문) 인천지방법원 2015.01.15 2014고단6056

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 C low-speed car.

On May 2, 2014, the Defendant driven the above car at around 13:10 on May 2, 2014, and proceeded with the three-lane road of 341, South Nam-gu, Incheon, Nam-gu, Incheon, the Seoul Metropolitan Government, from the private distance of the Gu citizen center to the private distance of the Jeju citizens center, and changed the course to the three-lane.

In such cases, the driver of a motor vehicle has the duty of care to check the safety of the course by properly examining the right and the right of the front and rear, and to safely change the course so that it does not interfere with the passage of other motor vehicles and to prevent accidents in advance by operating direction, etc. in advance.

Nevertheless, the Defendant failed to find out the ENF rocketing and other automobiles driven by the victim D (I, 42 years old) who is driving in three-lanes of the Marina, while neglecting this, and received the part of the victim's vehicle's front left-hand part of the back side of the car.

Ultimately, the Defendant, by negligence in the course of business as seen above, sustained injury to the climatic salt, etc. in need of treatment for about two weeks to the above D, injury to the victim F (the 73-year old-age-old) who is the passenger of the damaged vehicle, injury to the climatic salt, etc. in need of treatment for about three weeks, and injury to the victim G (the 51-year-old-old-old-age-age-age-age-age-age-age-age-age-age-age-age-age-of-age-age-age-age-of-

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographss of each on-site photo, a survey report on actual condition, and a photo of a fluoring vehicle by cutting down a boom;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding Act;

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Victims F with the most serious criminal conduct (the crime is set forth in the driving car) under Articles 40 and 50 of the Criminal Code.