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(영문) 서울중앙지방법원 2015.11.13 2015고단5688
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of BMW car.

On July 24, 2015, the Defendant driven the above car at around 07:50, and led to the road of six-lanes in front of Gangnam-gu Seoul Metropolitan Government, Seoul, along the two-lanes of active service from the new airspace room.

In such a case, although a person engaged in driving a motor vehicle has an occupational duty of care to take into account the traffic situation of the front side and the left side, accurately operate the steering gear, check the safety of the front side, and prevent the accident from spreading, the defendant was negligent in his/her negligence and led to the change of the course to the first lane of the bus exclusive lanes, and received the right side part of the victim D's D driving, which was proceeding on the front side of the left side of the vehicle of the defendant.

Ultimately, the Defendant, by occupational negligence, inflicted injury on the victim D such as salt, tensions, etc. of the bones of wood, which requires medical treatment for about two weeks, and inflicted injury on the victim F, who is a bus passenger, for about two weeks in need of medical treatment, and inflicted injury on the base and tension part of the runway part, and suffered injury on the victim G, for about two weeks in need of medical treatment, and at the same time, escaped without taking necessary measures, such as destroying property worth KRW 198,550 for the damaged bus repair, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A written statement of F and G;

1. The actual condition survey report;

1. Each written diagnosis;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific 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 an accident) concerning the crime under the corresponding provisions of the relevant Act;

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(1) and 69 of the Criminal Act for the detention of a workhouse.

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