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(영문) 광주지방법원 2015.12.22 2015고단4562
특정범죄가중처벌등에관한법률위반(도주차량)등
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

On October 25, 2015, at around 05:15, the Defendant driven a car B K7 car at the front of the entrance of 15, Seo-gu, Seo-gu, Gwangju, along the third line from the Vaju apartment, and proceeded along the third line from the Vaju apartment, and changed the course to the fourth line.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear, steering gear, and brakes while paying attention to the motor vehicle that is driven on the vehicle line intended to change.

Nevertheless, when the Defendant neglected to do so and negligently changed the vehicle line, the Defendant did not discover the victim C (the 62-year-old driver) driver’s Dat XG vehicle which was proceeding along the 4th line of the road in the Roman, and received the victim’s left side part of the vehicle in front of the Defendant’s car.

As a result, the Defendant suffered from the victim E (V) who was on board the vehicle for about two weeks of care due to the above occupational negligence, with approximately two weeks of 59,064 of the repair cost, each of the tran XG vehicles owned by the victim C, without taking necessary measures, such as aiding and abetting the victim, even though the victim C was damaged to repair the back parter, etc. of the tranXG vehicles owned by the victim C, and escape without taking necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

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, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. The defendant's reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act in the custody of the workhouse has escaped after having committed a traffic accident.

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