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(영문) 인천지방법원 부천지원 2013.10.30 2013고단2751
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of Bsch Rexton car.

On August 27, 2013, the Defendant driven the above vehicle around 08:40 on August 27, 2013, and changed the course of the vehicle into a two-lane road in the speed of about 50 km from the middle-dong IIC to the side of the 541-1-1, Seoul Special Metropolitan City.

In such cases, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to safely change the lane so that it does not interfere with the traffic of other vehicles scheduled to change and give prior notice of change of course by operating direction direction, etc. to the lane to which he/she intends to change.

Nevertheless, the defendant neglected this and has changed the lane.

In the same direction, the victim C(W, 40 years of age) driven by the victim C(W) with two lanes in the same direction was shocked into the front door of the defendant's vehicle.

At the same time, the Defendant, by negligence in the course of performing the above duties, sustained bodily injury, such as cryp salt, etc., in need of treatment for about three weeks, and at the same time escaped without any necessary measures, such as stopping the said car to the extent that the repair cost, such as the cryp pans, 2,631,026 won, such as the cryp pans, was damaged, and

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. A traffic accident report;

1. A medical certificate;

1. Application of the written estimate statutes;

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 (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of a fine for negligence;

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