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(영문) 인천지방법원 2015.04.06 2014고단7442
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violated the Guarantee of Automobile Accident Compensation Act is a holder of CA car, and the Defendant operated the said car from August 28, 2014 to September 28, 2014, even though it was not covered by mandatory insurance.

2. Violation of the Road Traffic Act (Non-accidents) is a person who is engaged in driving a C-car. On September 28, 2014, the Defendant driven the said car at around 02:10 on September 28, 2014, and changed the three-lane road in front to the one-lane in the south-gu Incheon Metropolitan City, the south-gu, Seoul, by driving the said car at around 02:10 on September 28, 2014. In such a case, the Defendant, who is engaged in driving the vehicle, had a duty of care to ensure that the Defendant, who is engaged in driving the vehicle, is well aware of the front side and the left side and safely changed the lane to prevent the accident in advance.

Nevertheless, the Defendant neglected to change the lane and found the E rocketing taxi driven by the victim D, who was driving on the right side, late and took a sudden action to avoid this. However, the Defendant was unable to take the measure and received the part above the victim D's left-hand taxi due to the lack of the measure.

The Defendant, by the foregoing occupational negligence, destroyed the cab of the victim D by exchanging the cab, etc., and thereby destroyed the repair cost of approximately KRW 925,640,00, but failed to immediately stop and take necessary measures, and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of the Mandatory Insurance Council to the traffic accident report, the damaged vehicle photograph, the photograph of the damaged vehicle, the caps of the black boom, estimates, and mandatory insurance;

1. Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015); Articles 148 and 54 (1) of the Road Traffic Act (the occupation of measures not taken after an accident) concerning criminal facts; selection of each fine for negligence

1. Aggravation for concurrent crimes;

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