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(영문) 청주지방법원 2014.12.30 2014고정1019

특정범죄가중처벌등에관한법률위반(도주차량)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 01:07 on August 11, 2013, the Defendant driven B K5 car as a business and proceeded with the road of the Cheongju City as a considerable area in a park from the area of the old court distance. Since there is a place where the yellow-ray center line is installed, and at the time, the Defendant followed the F-si driven by the victim E (the age of 49) who was prior to the Defendant. In such a case, a person engaged in driving a vehicle has a duty of care to care to live well in the front line and safely drive the said taxi, while failing to do so, the Defendant was deprived of the central line to overtake the above taxi, and entered the direction of the Defendant’s moving-way to the direction of the Defendant’s moving-way, and the Defendant shocked the front part of the Defendant’s vehicle left the front side of the said taxi with the rear wheels of the Defendant’s vehicle.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim, such as the crum of a shoulder, which requires treatment for about two weeks, but failed to immediately stop and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. E prosecutorial statement;

1. Application of survey reports, diagnostic records, copies of medical records, and Acts and subordinate statutes on the site of accident;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the relevant criminal facts and the selection of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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