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(영문) 광주지방법원 2015.10.29 2015고정1386
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-car.

At around 00:30 on June 18, 2015, the Defendant came to turn to the left at the right from the Round City to the south of the Western University located in the Seogyeong-gu, Gwangju.

Since there was a cross-section where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely to a person engaged in driving of a motor vehicle in accordance with the signals.

Nevertheless, the Defendant, by occupational negligence on the left left as above, took the part on the top side of the victim D(34 years of age) driving the EKaren car from the front part of the Defendant’s vehicle, who was directly engaged in the art-to-day distance on the right side of the lower south, in contravention of the signal, and the Defendant got the front part of the victim F(48 years of age) driving in the signal line to turn left at the opposite lane, so that the said car is pushed down to the opposite lane and turn left on the opposite lane.

Ultimately, the Defendant, by the above occupational negligence, sustained the injury of the victim H(37 years of age) and I (38 years of age) who moved in the victim D, F, and F car with the said car, and escaped without taking necessary measures, such as immediately stopping the said taxi to the extent that the said car would amount to KRW 5,084,726 for repair costs, and that the said car would amount to KRW 2,446,004 for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of the actual situation survey report, signal system map, accident-related photographs, each diagnosis report, and each written estimate statute;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury by occupational negligence), Article 148 and Article 148 of the Road Traffic Act concerning the crime.

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