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(영문) 수원지방법원 안산지원 2013.04.26 2013고정328
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. The defendant is a person engaging in driving of a vehicle using C concrete mixed truck construction machinery, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On November 17, 2012, 18:50, the Defendant driven the said vehicle at the entrance distance near the Jeju Jeju Jeju Jeju Jeju Jeju Jeju Island, and changed the two-lanes from the Silung-dong to Incheon, the two-lanes from the Silung-dong, the speed of about 20-30km from the Silung-dong to Incheon.

In such cases, a vehicle that intends to change course has a duty of care to avoid changing course when it is likely to impede normal traffic of other vehicles running on the lane that intends to change course.

Nevertheless, due to the negligent change of course, the victim D (the age of 41) driving car's EM5 driver's seat even and the front part of the left side of the mixing truck was received as the front side of the mixing truck's right side.

Therefore, even though the victim suffered from the injury of the "satisf," which requires approximately two weeks of treatment to the victim D, the victim immediately stopped and escaped without taking measures such as providing relief to the victim.

2. Violation of the Road Traffic Act (Insub-accident), the Defendant immediately stopped and escaped without taking measures to confirm the fact of damage, etc., even though the part on the right side of the mixed truck, which was front of the part on the driving seat and the left side of the damaged vehicle, was destroyed by the damage amounting to 2,091,960 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Some statements made by the police and prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. A traffic accident report;

1. A written diagnosis (record No. 17 pages) and a written estimate;

1. Application of Acts and subordinate statutes to photographs related to accidents and damaged vehicles;

1. Criminal facts;

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