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(영문) 광주지방법원 2015.06.25 2015고단1131
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 engaging in driving a rocketing car.

On March 26, 2015, around 00:26, the Defendant turned down the traffic park from the D private distance in Gwangju Mine-gu, Gwangju Metropolitan City to the traffic park protection area in two-lanes depending on the non-speed speed.

At the time, since the operation of a vehicle is at night and there is a lot of intersections, a driver has a duty of care to ensure that a person engaged in driving service is obliged to live well in the front direction of the passage prior to entry into the intersection, prevent an accident, and operate safely.

Nevertheless, the Defendant failed to perform such duty of care and did not discover the victim E (the 35 years old) drive in the right direction due to the direct negligence by entering the intersection as is, and instead did not find the F taxi in the right direction, and received the part of the front part of the car driven by the Defendant as the front part of the car driven by the Defendant.

Ultimately, the Defendant suffered from the victim G (the 45 years of age) who is the passenger of the said taxi from the above occupational negligence, such as “damage to the character of other head parts,” which requires approximately two weeks of medical treatment, etc. In addition, the Defendant destroyed the 7,234,210 won of repair expenses, and escaped without taking necessary measures to damage the said taxi owned by the victim-based limited liability company to cover repair expenses of KRW 7,234,210.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. G statements;

1. The actual condition of traffic accidents (1), and (2);

1. Each written diagnosis;

1. Application of the written estimate for automobile inspection and maintenance;

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 facts constituting an offense;

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

1. Selection of a fine for negligence;

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