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(영문) 인천지방법원 2014.11.27 2014고단7439
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 27, 2014, the Defendant is a person engaged in driving Lone Star Vehicles. On September 27, 2014, at around 04:55, the Defendant used the said vehicle to drive the said vehicle, and changed the lane from the four-lane to the three-lane in order to prevent accidents in advance by changing the intersection of the educational distance of the line at 519 degrees as the rain of Yeonsu-gu Incheon, Yeonsu-gu. In such a case, the Defendant, who is engaged in driving the motor vehicle, had a duty of care to ensure that he is well aware of the right and the left and safely changed the lane to prevent accidents.

Nevertheless, the Defendant neglected this and found DK5 taxi at the left-hand side while driving the 60-year-old taxi, and took urgent action to avoid it. However, the Defendant failed to take such action and received the part of the victim's taxi front of the left-hand side of the Defendant's car.

The Defendant, by occupational negligence, sustained injury to salt, tension, etc. of a shoulder brush that requires treatment for about two weeks, and at the same time, even though the above taxi was damaged by an exchange of a panion, etc. to cause repair costs equivalent to approximately KRW 860,260, and escaped without immediately stopping and taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Photographss of damaged vehicles, survey report on actual condition, photographs of each field, photographs of thinking images, etc.;

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, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on any person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes, which requires more severe punishment);

1. Selection of penalty;

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