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(영문) 광주지방법원 2015.08.13 2015고단1425

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The defendant is a person who drives a C-A-Wurd-Wurt Motor Vehicle.

On March 25, 2015, the Defendant driving the above vehicle on March 22:25, 2015, and driving the front road of the E-store located in Gwangju Southern-gu, along the two-lanes from the side of the East Asian Hospital to the salary inciting.

In the accident place, the course has been changed to one way.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to safely change the vehicle line by operating direction direction, etc., giving prior notice of change of course, and taking into account the traffic situation of the front and rear left.

그럼에도 피고인은 이를 게을리 한 채 만연히 1차로로 차선을 변경한 과실로 1차로를 따라 진행하던 피해자 F(여, 41세)이 운전하는 G 쏘나타 승용차의 우측 뒤 문짝 부분을 피고인 차량 좌측 앞 펜더 부분으로 충격하여 피해자에게 약 2주간의 치료를 요하는 요추의 염좌 및 긴장 등의 상해를 입게 함과 동시에 에스케이네트웍스 주식회사 소유의 위 쏘나타 승용차를 수리비 불상이 들도록 손괴였음에도 피해자를 구호하는 등의 필요한 조치를 취하지 아니하고 그대로 도주하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to the actual survey report, traffic accident-related photographs and diagnostic certificates;

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. The defendant and his defense counsel asserted that the defendant and his defense counsel did not have "injury" under the Criminal Code, as to the assertion of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act.

Act on the Aggravated Punishment, etc. of Specific Crimes.