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(영문) 인천지방법원 2012.11.22 2012고단9177
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star A.S. car.

On June 6, 2012, at around 00:16, the Defendant driven the above van on the 00:16th day of June, 2012, leading two lanes 374-9, Bupyeong-gu, Incheon, Bupyeong-gu, to the direction of the central police box at the side of the Bupyeong-gu, Bupyeong-gu, Incheon, and proceeds at an insular speed along the two lanes

As the first line, I attempted to change the lanes.

At the time, the first line was driven by the victim D, and therefore, the person engaged in driving service had a duty of care to give an advance notice of change of course by operating direction, etc., and to change the vehicle line safely by checking the traffic situation of the changed vehicle line.

Nevertheless, the Defendant neglected to do so and neglected to change the car line to the left side of the Defendant’s driver’s vehicle due to the negligence on the part before the left side of the Defendant’s driver’s vehicle.

The Defendant, due to the above occupational negligence, sustained injury to the victim D (the 42-year old age), such as light salt, etc. requiring treatment for about two weeks, and suffered injury to the victim F (the 40-year-old passenger) who was the victim of the victimized taxi, respectively, for about two weeks of medical treatment, and escaped without immediately stopping the damaged vehicle's front part, etc. to cover KRW 780,460, and without taking measures such as providing relief to the victims, even if the repair cost is damaged to cover KRW 780,460.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A traffic accident report, CCTV image CDs;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) The point of escape after occupational injury: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Point of a measure not taken after an accident: Articles 148 and 54 (1) of the Road Traffic Act;

1. Commercial concurrence: The punishment of Articles 40 and 50 of the Criminal Act and the aggravated punishment, etc. of specific crimes against the victim F with the largest punishment.

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