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(영문) 광주지방법원 순천지원 2014.07.08 2014고단397
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 car by borrowing B.

On January 20, 2014, the defendant, around 21:10, had the roads prior to the D convenience points in Macheon-si C proceed to the direction of the same Dong-dong Samsung Electronic Services in the same direction as Dong-dong Samsung Electronic Services.

At all times, the intersection is connected to a side road without signal, and it is night at the time, and there is snow, so it is confirmed whether a person engaged in driving service is a vehicle crossing by reducing the speed in advance and checking well the front left, and if there is another vehicle that intends to enter the intersection from a road with a wide width if the width of the road is wider than that of the road passing, the vehicle has a duty of care to yield the course to the vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected this and got a part of G Oba, which is driven by the victim F (19 years of age) who proceeds directly from one lane in the direction of the right-hand public notice from the left-hand side of the proceeding direction by negligence, as well as the part on the right-hand side of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence in detail that requires treatment for about two weeks, and at the same time, escaped without immediately stopping necessary measures, such as providing relief to the victim, even though he/she damages the above lebane to be in excess of KRW 1,298,000.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition of traffic (1) (2);

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 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 Competition.

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