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(영문) 광주지방법원 2014.03.25 2013고단5990
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On November 15, 2013, at around 22:46, the Defendant changed the course to a two-lane in order to make an intern while driving the said vehicle from the direction of the event distance to about 20 kilometers in speed.

In this case, the defendant who is engaged in driving of the motor vehicle has a duty of care to operate the light in advance to prevent the accident by changing the course safely without impeding the passage of other vehicles.

Nevertheless, when the defendant neglected this and changed the course of the vehicle as a result of the negligence, the victim C (the 26-year old) who was driven by the two-lanes of the same room was faced with the front wheel part of the driver's vehicle driving by the victim C (the 26-year old) with the front wheel part of the defendant's vehicle.

As a result, the Defendant, by negligence in the above occupational negligence, sustained injury to the injured party, such as culp salt, which requires treatment for about two weeks, and at the same time, did not immediately stop the damaged vehicle and take necessary measures, such as providing relief to the injured party and dealing with the accident, even though it caused a traffic accident that damages approximately KRW 1,300,366 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a traffic accident occurrence report, actual exchange investigation report, diagnosis certificate, and written estimate;

1. Article applicable to criminal facts;

(a) The escape after the injury caused by occupational negligence: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Point of a measure not taken after damage: Articles 148 and 54 (1) of the Road Traffic Act;

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 order of provisional payment;

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