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(영문) 서울동부지방법원 2013.07.18 2013고정1447
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Poter Cargo Vehicles B.

1. On March 22, 2012, around 21:15, the Defendant proceeded one-lane road in front of the 1230 Gule-ro, Gangdong-gu, Seoul, Gangdong-gu, Seoul, toward the direction of the road from the private distance at veterans hospitals to the direction of about 40 kilometers per hour.

On the opposite side of the yellow domin line, in which the center line was formed by yellow domin lines, vehicles leading to veterans hospitals are standing in the signal atmosphere, so in such a case, the Defendant engaged in driving service has a duty of care to thoroughly operate the front-way and to safely operate the vehicle.

Nevertheless, the Defendant neglected to sell one eye and stopped on the opposite lane with the center line, and was owned by C, which is the ownership of the victim D (ma, 56 years old) driving in front of the left-hand side of the victim D (ma, 56 years old) Epica car, and the parts of the Epica conflict with the top-hand side of the cargo vehicle of the Defendant driving.

Although the Defendant, due to the above occupational negligence, sustained an injury that requires at least two weeks’ medical treatment due to the crypitis, tension, etc., the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

2. Such traffic accidents as mentioned in the above paragraph (1) did not take necessary measures even though property equivalent to KRW 2,307,700 for repairing the damaged vehicle was damaged.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a survey report on actual condition, each photograph, diagnosis report, and quotation;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the crime specified in the relevant Act, Article 268 of the Criminal Act, 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. Optional fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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