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(영문) 서울중앙지방법원 2014.04.17 2013고정2603
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 23, 2012, 18:21, the Defendant changed the course to four-lanes while driving Cchip car from three-lanes in the direction of locking from the Young East-dong, Gangnam-gu Seoul Metropolitan Government to the Yongdong-dong, which is the five-lanes in the direction of locking.

Where a driver of a vehicle intends to change course, he/she shall notify the direction of the course in advance by hand or direction-setting, etc., and shall not change the course when it is likely to obstruct normal traffic of the vehicle that comes from the direction to be changed.

Nevertheless, when the defendant neglected this and changed the course to a four-lane, the defendant conflict with the right side part of the vehicle of the defendant, which the victim D (the age of 43) driven by the victim D (the age of 43).

Accordingly, the Defendant suffered injury to the victim D, such as salt, tension, etc. of the bones that requires treatment for about 8 days, and at the same time suffered injury to the victim F (the victim F (the 18-year old age), who is the passenger of the victimized vehicle, for about 2 weeks of medical treatment, and escaped without taking necessary measures, such as providing relief to the victims, even though the damaged vehicle was damaged to be 1,226,786 won, such as the exchange of the front driver, and immediately stopping the damaged vehicle.

Summary of Evidence

1. Statement made by witnesses D in the third protocol of the trial;

1. Statement made to D by the police;

1. Written statements of D;

1. The actual survey report on traffic accidents;

1. Each medical certificate, medical record, etc.;

1. Written estimate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

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 by applicable law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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