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(영문) 서울중앙지방법원 2014.10.01 2014고단5754
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

The defendant is a person who is engaged in driving a CM5 car.

On June 27, 2014, the Defendant driven the above car on June 16:41, 201, and driven the road of 74-way in Dongjak-gu Seoul Metropolitan Government Nowon-do at a low-speed three-lane (excluding the bus exclusive lanes) from the border control point to the old-speed three-lane.

At the time, there was a bus exclusive lane on the left side of the Defendant's running lane, so in such cases, the driver has a duty of care to safely change the lane so as not to obstruct the passage of the rear vehicle and prevent the accident in advance.

Nevertheless, the Defendant, while neglecting this and driving along the bus exclusive lane as it is, went through by negligence, and got the victim D (the age of 38) who was driving in the above bus exclusive lane into the back part of the passenger vehicle left side of the Defendant, and escaped without taking necessary measures, such as providing rescue to the victim F (the age of 67) who is the passenger of the above bus, when the victim F (the age of 67) is faced with the part of the passenger knife of the bus knife for about three weeks, and at the same time, suffered an injury such as driff and tension in need of medical treatment for about 586,00 won, such as exchanging the bus knife, and immediately stopping the bus.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A written statement on the occurrence of a D traffic accident;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable mutatis mutandis to the crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction by occupational negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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