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(영문) 인천지방법원 2013.04.25 2013고정1314
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) is a person engaging in driving a rocketing car.

The Defendant driven the above vehicle around 02:20 on January 14, 2013, and moved the first line road of the 144-1, South-dong-gu, Incheon Metropolitan City, which is the front line of 144-1, to the boundary of the mother and child health center.

Since there is a yellow solid line, a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate it.

Nevertheless, in order to avoid an irregular vehicle parked on the right side of the running direction, the Defendant neglected this and avoided the left side of the D C&100 Lao driven by the injured party C(the age of 43) who driven by the central line due to the negligence of driving a motor vehicle in order to avoid an irregular vehicle parked on the right side of the driving direction.

Ultimately, even though the Defendant suffered from a fluoral dynasium, which requires one week’s treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

2. Violation of the Road Traffic Act (unnecessary Measures after Accidents) committed a violation of paragraph (1) at the same time and at the same place as stated in paragraph (1), the Defendant got side of the victim’s driver’s vehicle in front of the left-hand side of the Defendant’s driver’s vehicle for the same reason as stated in paragraph (1) and escaped without taking necessary measures such as immediately stopping the vehicle and removal of traffic obstacle.

3. A person who violated the Road Traffic Act (unlicensed Driving) driven B rocketing car at a section of about 400 meters from the 400m to the apartment house in the same east-gu, Namdong-gu, Incheon without a temporary border driver's license as stipulated in paragraph (1) of the same Article.

4. Violation of the Guarantee of Automobile Accident Compensation Act;

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