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(영문) 서울남부지방법원 2014.09.12 2014고단2693

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 K5-car.

On June 14, 2014, the Defendant driven the above car at around 20:20, while driving the two-lanes of five lanes in front of Yeongdeungpo-gu Seoul Metropolitan Government C, the two-lanes of the five-lanes in front of the Yeongdeungpo-gu Seoul Metropolitan Government was changed from the intersection to the intersection of the Yeongdeungpopo Police Station.

In such a case, the driver has a duty of care to operate direction direction, etc. to give notice of change of course, and to change the lane safely by safely considering the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and changed the lane into one lane as it is, and did not discover the E-Business Motor Vehicle of the Victim D (A, B, 37 years old) driving along the one lane, and did not discover the E-Business Motor Vehicle in front of the left side of the Defendant's driver's vehicle, and shocked the victim's vehicle into the front side and the rear parts.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during a period of about one week, and at the same time, the Defendant did not immediately stop the vehicle owned by the victim to the extent that the repair cost is equivalent to KRW 3,065,205, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 selective fine for punishment (the degree of injury of the victim is not limited, and comprehensive motor vehicle insurance is covered, and it shall be taken into account that the victim has agreed smoothly with the victim);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;