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(영문) 의정부지방법원 2013.09.05 2013고정66
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in rocketing taxi driving.

On September 17, 2012, the Defendant driven the above taxi at a speed of 16:20 on September 17, 2012, and proceeded with the intersection 654 in order to arrange the use of the Jinyang-si in Nam-si in South-do at a speed of the speed of the Sim-si from the Jin-gu room to the same-sex apartment room.

At that time, the Defendant was attempting to enter an intersection where traffic is not controlled, and the width of the intersection is larger than that of the road where the Defendant passes, so in such a case, when there are other vehicles seeking to enter the intersection from the road where the width is wide, the Defendant had a duty of care to yield the way to the vehicle and prevent the accident in advance.

Nevertheless, the defendant neglected this and entered the intersection as it is, and took the front part of the passenger vehicle left ahead of the left side of the taxi operated by the victim E, who was driving by the new monthly-surging plane from the view of the string distance of the road where the defendant is driving.

As a result, the Defendant suffered injury to the victim, such as the 10-day confection, which requires a medical treatment for about 10 days by occupational negligence, and at the same time, the repair cost, such as the exchange and maintenance of the preceding panion, destroyed the said car to the extent that the repair cost, such as the replacement and maintenance of the 1,475,122 won, and escaped without taking necessary measures such as

Summary of Evidence

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A traffic accident inspection report, accident-related photographs, photographs of damaged vehicles, photographs of towed vehicles, and reports on occurrence of traffic accidents;

1. Application of written estimates and written diagnosis to statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, and Article 268 of the Criminal Act shall apply to the death or injury caused by occupational negligence.

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