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(영문) 인천지방법원 2018.02.02 2017고정2966
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Chump vehicles.

On April 14, 2017, at around C:04, the Defendant driven a live vehicle of C:3:04, while driving the lived vehicle on the right side of the live-distance department store, the Defendant continued to drive the live-lane one lane on the side of the live-distance department store, while changing the course into the two-lane.

At that time, the driver had a duty of care to change the vehicle line by operating a direction direction when changing the vehicle line, giving prior notice of change of course, and taking into account the traffic situation before and after the change.

Nevertheless, due to the negligence of changing course from the first lane to the second lane, the victim D(56) already entering the same direction from the third lane to the second lane of the same lane was shocked by the front part of the left side of the motor vehicle driven by the defendant, following the right side of the motor vehicle driven by the defendant.

After all, the Defendant escaped without taking necessary measures even after destroying property equivalent to KRW 514,928 on the damaged vehicle.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police against D;

1. Application of the written estimate statutes;

1. Article 148 of the relevant Act and Articles 148 and 54 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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