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(영문) 대구지방법원 서부지원 2017.01.18 2016고정1108
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

The defendant is a person who is engaged in driving a K3 car.

On July 26, 2016, the Defendant driven the above car at around 07:20 on July 26, 2016, and proceeded along the two-lanes near the 4km point of the landing line down on the sub-section 1 in Sung-ri, Seo-ri, Seo-ri, Seo-ri, the Gyeong-gu, the Gyeong-gu, the Gyeong-do, the Gyeong-do, the Gyeong-do, the Gyeong-

In this case, a person engaged in driving of a motor vehicle has a duty of care to maintain the distance between the two vehicles, to give prior notice of change of course by operating direction, etc., and to change the vehicle line in line with the situation of traffic before and after the vehicle.

Nevertheless, when the Defendant neglected to maintain the distance between the two lanes without maintaining the distance between the two lanes as it is, due to negligence, changed the two-lanes into the two-lanes, the Defendant operated the DSS5 driving of the victim C (Seoul, 49) driving in the same direction as it is, in order to avoid the vehicle of the Defendant, caused the collision between the two-lanes on the right side of the road with the front part of the vehicle.

As a result, the Defendant, by the above occupational negligence, suffered from the victim’s freshion of a new freshion for about six weeks of treatment, and at the same time, destroyed the above damaged vehicle so that the repair cost equivalent to approximately KRW 5,010,000, and escaped without taking necessary measures, such as aiding the damaged person by stopping the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on investigation (attaching photographs);

1. Application of Acts and subordinate statutes to medical certificates and scrapped certificates;

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 the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of absence of accident) 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. Articles 53 and 55(1)6 of the Criminal Act for mitigation of amount (the first offender, the second offender, and the second offender)

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