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(영문) 의정부지방법원 2015.02.12 2014고정1768
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car C E350.

On April 14:50 on April 30, 2014, the Defendant driven the said car and proceeded two lanes along the direction of the GuriIC in the direction of the GuriIC in the 33 km section of the 33km of the Hari-si Seoul Central Epic Expressway.

The location is the road bended by the direction, and the Ei40 car driven by the victim D(39 years of age) is in progress on the two-lane side of the same direction, so in such a case, the person engaged in driving service has a duty of care to reduce speed and safely drive by observing the lane.

Nevertheless, the defendant neglected to change the two lanes to the right side of the passenger vehicle of the defendant and received the left front part of the passenger vehicle of the victim.

As a result, the Defendant, by negligence in the course of performing the above duties, sustained fluoral salt, etc. requiring medical treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as immediately stopping the said damaged vehicle, and saving the damage caused by the damage to KRW 1,724,100.

Summary of Evidence

1. Legal statement of witness D;

1. On-site map and actual survey report on traffic accidents;

1. A written diagnosis and written estimate;

1. Report on investigation, and report on investigation;

1. Application of Acts and subordinate statutes to vehicles involved in accidents, on-site photographs, photographs of video records, and photographs of accident vehicles;

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;

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

1. The main sentence of Article 186 (1) of the Criminal Procedure Act;

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