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(영문) 광주지방법원 2012.08.30 2012고단3811
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 16, 2012, the Defendant driven CK5 car at around 00:10, and proceeded at about 60 km from the south-gu in Gwangju, Nam-gu, Seoul to the two-lane road on the south-gu, Nam-gu, Seoul, along two-lanes from the south-gu, Seoul.

At the time, since it was at night and at the right bend, there was a duty of care to change the car line by operating direction direction, etc. to the person engaged in driving service and giving prior notice of change of course and taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and received the part before the left side of the car driving by the victim D(the age of 46) who was driving the car according to the same one-lane on the left side due to the negligence of changing the car line to the left side.

Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim F, who was on board the victim D and the damaged vehicle (at least 47 years of age), by causing about two weeks in detail the need for medical treatment, and at the same time, avoided the damaged vehicle without taking necessary measures such as providing rescue to the victim by stopping it immediately, even though it damages the damaged vehicle to be in excess of KRW 3,012,515.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each written diagnosis and written estimate of general repair expenses;

1. The results of the initial investigation of the traffic accident, (i) the report on the traffic accident, shed net investigation report, and the application of the Act and subordinate statutes on evidence and 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 concerning the crime (the point of failing to take measures after destroying and damaging property);

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. The defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order has a traffic accident.

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