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(영문) 광주지방법원 2018.08.09 2018고정83
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is engaged in driving D's low-income cars.

On November 14, 2017, the Defendant driven the above vehicle at around 11:55, and changed the course to a one-lane in the speed of the city, depending on the two-lanes of the GYC Federation, Seo-gu, Seo-gu, Gwangju toward the front side of the GYC.

In such cases, when it is likely that a person engaged in driving service of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of changing course, he/she shall not change course, and he/she has a duty of care to operate a direction, etc. in advance to give notice of change of course and to prevent accidents by safely changing his/her way and changing his/her way to prevent accidents.

Nevertheless, the Defendant neglected this and changed the course to a single lane, and proceeded with the victim E (75 years old, South) who is driving in the same direction as the U.S. in order to make a U.S. U.S. U.S. U.S. U.S. U.S., the Defendant shocked the upper right-hand part of the Co., Ltd. on the back wheels and fences on the left side of the vehicle of the Defendant.

As a result, the Defendant, by negligence in the course of performing his duties, suffered from the victim E and the victim G (72 , female) of the victim of the victimized vehicle (hereinafter referred to as the “victim”) in terms of the number of days of each treatment, and suffered from the 1,382,654 won of the cost of repairing the damaged vehicle. The Defendant immediately stopped the damaged vehicle and escaped without taking any measures for the relief of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Written estimate of repair;

1. Results of watching and viewing black boxes and video CDs;

1. Application of Acts and subordinate statutes on site photographs;

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 criminal facts (the point of absence of measures after damage to property) of the relevant Act;

1.Article 40 of the Criminal Code of Trade and Trade.

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