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(영문) 수원지방법원 2017.10.25 2017고정2506
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a observer car B.

On July 17, 2015, the Defendant driven the above car on the 14:25th day, and changed the course to a two-lane in the direction of the shooting distance in front of the ICT, which is to go from the surface of the water level at the high level of the water level.

In this case, the driver has a duty of care to inform the direction change in advance and to change the lane safely by keeping the traffic situation at the right and right well before and after the change.

Nevertheless, the Defendant neglected this and changed the two-lanes on the right side of the said vehicle due to the negligence of changing the two-lanes to the two-lanes on the opposite side of the said vehicle, and the part on the left side of the victim E (the other, 58 years old) driving on the two-lanes in the same direction.

Ultimately, the Defendant caused the injury to the victim E by occupational negligence during approximately two weeks, and destroyed the damaged vehicle to have approximately KRW 1,400,386 of the repair cost, and did not take necessary measures, such as immediately stopping the vehicle and providing relief to casualties, and escaped from the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. Each traffic accident report (1) and each traffic accident report;

1. A written diagnosis and written estimate;

1. Application of the statutes governing damaged vehicles, photographs, video CDs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after occupational injury and injury) concerning the crime;

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

1. Selection of an alternative fine for punishment;

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

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

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