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(영문) 서울중앙지방법원 2013.05.24 2013고정241

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CAD car.

On June 19, 2012, around 11:40 on June 19, 2012, the Defendant continued the two-lane road of 280, e.g., Gwanak-gu, Seoul Special Metropolitan City, with the e.g., the e., the e., the e., the e., the e., the e., the e.,

In such cases, when it is likely that a person engaged in driving service of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change course, and he/she has the duty of care to give advance notice of change of course and to safely change the lane and prevent the accident from occurring due to the safe change of the lane by operating direction, etc. in advance.

Nevertheless, the Defendant neglected to change the lane while driving it, and the victim D (the age of 54) who proceeded with one lane in the same direction, received the front part of the road driving by the Defendant on the left side of the vehicle driving.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer a confection that requires treatment for about two weeks, and at the same time, destroyed the said low-priced car to cover approximately KRW 1,330,00,00 for repair expenses, and escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of the police statement concerning F;

1. A traffic accident report;

1. A medical certificate;

1. Written estimate;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

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 facts constituting the crime (the point of not taking measures after causing any damage to property in the course of performing duties);

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 and 69 of the Criminal Act for the confinement of a workhouse.