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(영문) 대구지방법원 서부지원 2015.11.24 2015고단1699
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On April 9, 2015, the Defendant driving the said car which was not covered by mandatory insurance at around 09:50, and changed the course into one lane in front of the Western Police Station, which was in the Seo-gu State Bond Compensation in Daegu, into two lanes.

Since a victim C(36 years old) driver's car is in progress at the first-lane, there was a duty of care to safely change the course by giving prior notice to the driver of the vehicle due to the prior direction and direction.

Nevertheless, the Defendant neglected to do so by occupational negligence and changed the course of the vehicle into the part of the driver’s seat in front of the above SM5 vehicle. The Defendant took the part of the driver’s seat in front of the above SM5 vehicle. The above earth and sand car was parked in the median part in front of the left side due to its shock and stopped in the signal atmosphere on the opposite side, and got the part of the FW car of the victim E(30 years old) driving, which was parked in the signal atmosphere, and then the pent part was divided into the center.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as salt, tensions, etc. of the bones, which requires medical treatment for about three weeks, and at the same time, destroyed the said vehicle in an amount equivalent to KRW 3,672,429, and attempted to flee without taking measures such as providing relief to the victim, even though the said vehicle was damaged to their repair cost of KRW 5,546,959, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A traffic accident report;

1. The actual condition survey report;

1. A medical certificate;

1. Application of each written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act.

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