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(영문) 의정부지방법원 고양지원 2015.05.21 2015고정227
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 engaging in driving a rocketing car.

On July 28, 2014, the Defendant driven the above car on July 12, 2014, and changed the two-lane to the two-lane in the direction of Seoul from the direction of the day to the one-lane of the three-lane in the direction of Seoul.

In such cases, a driver of a motor vehicle has a duty of care to enter the lane in order to prevent traffic accidents in advance only if there is no vehicle already in progress after examining whether there is a vehicle already in the lane to enter the vehicle.

Nevertheless, even though the defendant neglected this and had already been driving the victim C(33 years old) driving D car in the middle of which the defendant intends to enter the second way, the defendant, if he changed the lane in his front, is expected to have the victim avoid traffic accidents by reducing the speed, and without permission, has received the front portion on the left side of the victim's vehicle due to the occupational negligence that changed the lane into the second way.

Ultimately, due to the above occupational negligence, the Defendant suffered injury, such as salt and tension, to the victim for about two weeks of medical treatment. At the same time, the Defendant destroyed the victim’s car to cover repair costs of KRW 1,294,533, and escaped without immediately stopping the vehicle and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs of damaged vehicles;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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

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

1. Selection of penalty;

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