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(영문) 서울동부지방법원 2015.02.12 2014고단3975
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

피고인은 C 카렌스 승용차의 운전업무에 종사하는 자로서 2014. 10. 25. 23:25경 위 승용차를 운전하여 서울 송파구 석촌호수로 258 아르누보팰리스 앞 편도2차로 도로를 신천역 방면에서 송파대로 방면으로 1차로를 따라 진행하다가 앞서 진행하던 불상의 택시를 들이받은 다음 택시기사와 시비를 한 후 후진을 하였다가 출발하려고 하였다.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to care in advance by accurately manipulating steering devices, brakes, etc. and to prevent accidents.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering gear and brakes without accurately operating the steering gear and brakes, and was driven by the victim D(53 years old) who was under a stop after the bed, the front part of the E body-ray vehicle driven by the victim D(53 years old) was driven by the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately two weeks of medical treatment, and at the same time, destroyed the above body-man vehicle to have approximately KRW 1,004,608 of repair cost, and escaped without any necessary measures, such as stopping the vehicle and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. The actual survey report and vehicle photograph;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 theo Road Traffic Act concerning the crime;

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

1. Selection of an alternative fine for punishment;

1. The grounds for sentencing of Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse and the scope of applicable sentences under the law: 5 million won.

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