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(영문) 부산지방법원 동부지원 2015.08.31 2015고정93
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 September 13, 2014, the Defendant driven an EA6 car on September 13, 2014, and changed the lane to the right side while driving the 5-lane road of the Olympic Winter Town and the Domna Apartment apartment located in the Don-dong, Busan Metropolitan City, Busan, into the Olympic intersection and driving the 5-lane road in front of the Don-dong, Hamba apartment from the Olympic intersection to the shipping intersection.

In such a case, despite the occupational duty of care to prevent accidents by properly operating the front and rear left, the driver of a motor vehicle had a duty of care to prevent accidents by properly operating the steering wheel and brakes, the defendant was negligent in changing the lane while neglecting it, and the defendant was found to have committed a crime following the right side of the GM3 Motor Vehicle driving GM3 in the victim F. (F., 50 years old) who was driving the two-lanes, and the driver was driving the motor vehicle in front of the left side of the motor vehicle driving.

Accordingly, the Defendant, on board the above victim and the victim H(54) on board the above victim, suffered from the injury of drilling and scopical salt, etc. requiring approximately three weeks of medical treatment, and at the same time, destroyed the above damaged vehicle in KRW 1,827,903 of repair cost, and escaped without taking necessary measures such as providing rescue to the victims by immediately stopping the vehicle.

Summary of Evidence

1. Partial statement made by the defendant in this Court;

1. A statement made by the witness F in this Court;

1. Statement of traffic accident report prepared by police;

1. An investigation report (including attachment of a CD copy of a video record of a track) and a video (including attachment CD) prepared by the police;

1. Each description of a copy of each diagnosis of F and H prepared by a doctor I;

1. Statement of a written estimate for vehicle inspection and maintenance (Evidence No. 31-34 pages);

1. Application of each video statute of limitation to photographs of damaged vehicles (Evidence No. 13, 14 pages), photographs of harming vehicles (Evidence No. 25 pages);

1. The victim suffers an injury by causing a traffic accident under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 54 (1) of the Road Traffic Act regarding the crime.

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