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(영문) 서울남부지방법원 2014.11.25 2014고정3295

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 of a leisure car B.

On April 24, 2014, the Defendant driven the above car on April 23:10, the Defendant left the two-lanes of the two-lanes due to the decrease of the two-lanes, while driving the said car, and driving the three-lanes in front of the 108-lanes in front of the 36-lane Scambrop, Seoul Dongjak-gu, Seoul Metropolitan Government, along the one-lanes from the elim, the right-hand side from the elim-distance side to the elimbulation, and driving the three-lanes.

The Defendant neglected to perform an occupational duty of care to change the course to a one-lane, and proceed beyond the central line, while passing beyond the central line, and received the front left part of the damaged vehicle due to occupational negligence, which led to unreasonable overtaking in the DK5 taxi vehicle of the victim C(53 years old) driving in accordance with the same direction, and received the front part of the damaged vehicle as the right side part of the said vehicle.

At the same time, the Defendant, by such occupational negligence, sustained injury to the said C, such as brain-dead sugar, etc. requiring medical treatment for about three weeks, and injury to the victim E (the victims 22 years of age), such as base salt, tensions, etc. of the drilling in need of medical treatment for about two weeks, and at the same time, did not stop the said taxi to take necessary measures, such as providing relief to the victim, even though it damages the said taxi to the extent that the said taxi would amount to KRW 1,004,478.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and C;

1. The actual survey report and photographs of the collision part of the accident 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 related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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

1. Selection of an alternative fine for punishment;

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;