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(영문) 서울중앙지방법원 2013.05.24 2012고정3540

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

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 a motor vehicle of DMW.

On December 13, 2011, the Defendant: (a) driven the said vehicle in front of the New World Department Store, and changed the lane in order to turn to the left at the left at the five-lane of the six-lane from the direction of the Bank of Korea in Jung-gu Seoul, Jung-gu, Seoul to the exit of the Seoul Central Bank of Korea.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to observe the lanes and to safely proceed by checking well the left and right of the motor vehicle.

Nevertheless, the Defendant was negligent in proceeding to turn to the left on the five-lanes of the above road on the left side of the foregoing vehicle with the rear wheels part of the above vehicle's left side, which is driven by the victim E(30 years of age) who stops in accordance with the new subparagraph at the three-lane, and received the front part of the road's right side.

At the same time, the Defendant suffered from the said victim and the said victim G (V, 29 years of age) who was accompanied by the said victim’s occupational negligence and the said A-Wurt-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-S

Summary of Evidence

1. The statements of witnesses E and G in the fourth trial records;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Each entry into the report on traffic accident and the report on occurrence of the traffic accident;

1. Description of an accident site photograph;

1. Each medical certificate, each victim's treatment receipt, and each description of the vehicle for patient treatment;

1. Application of Acts and subordinate statutes to written estimates for automobile maintenance;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of view of failing to take measures after the destruction of articles) of the pertinent Act.