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(영문) 대전지방법원 2015.11.19 2014고정1694
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

On May 2, 2014, the Defendant driven a rocketing car around 13:41 on May 2, 2014, and proceeded with the large distance of two lanes in the middle-gu Daejeon Metropolitan City as a one-lane to the medium-gu office gate, Jung-gu, Daejeon Metropolitan City. The Defendant tried to change the two-lane to the intersection.

A person engaged in driving of a motor vehicle has a duty of care to make a change of course by operating a direction direction when changing a vehicle line and giving prior notice of a change of course and to make a change in the traffic situation of the front and rear left.

However, the Defendant neglected to change the lane to the right-hand side of the vehicle as is, by negligence, received the part before and after the left-hand side of the Frocketing car owned by the victim D (the age of 48) who was driven in the same direction two lanes from the upper right-hand part of the vehicle driven by the Defendant.

As a result, the Defendant: (a) sustained injury to the victim D, such as salt ties and tensions, in which approximately two weeks’ medical treatment is required; (b) suffered injury to the victim G (the 42 years old), and H (the 44 years old), each of which requires two weeks’ medical treatment; and (c) at the same time, attempted to stop the said car owned by the victim E to the extent that the repair cost of KRW 739,836 is damaged to the extent that the 739,836 won is damaged; and (d) escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Each legal statement of witness D, H and G;

1. The actual survey report on traffic accidents;

1. Each written diagnosis;

1. Parts damaged by the relevant vehicle;

1. A copy of an automobile registration certificate;

1. The photograph of a vehicle damaged by a repair cost estimate;

1. Application of the law to fact-finding reply

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade shall be sentenced to the victim D with the largest punishment and sentence.

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