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(영문) 광주지방법원 목포지원 2013.06.25 2013고정226
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a fixed-line cargo vehicle C.

On February 2, 2013, the Defendant driven the above cargo vehicle around 07:00, and led to the two-lanes of the two-lanes of the mountain nautical miles in the West-gun, Youngnam-gun, Seognam-gun, Seognam-gun, to the direction of the Sinsan-Eup.

Since there is a road that has a centralized separation cost, there was a duty of care to safely drive a vehicle to prevent accidents in advance by safely driving the vehicle to those engaged in driving service.

Nevertheless, the Defendant neglected this and went along the opposite direction without driving it on the opposite direction, and caused the victim D (the age of 42) driven by the Defendant going along the opposite lane in the Young-Eup side and driving along the opposite direction, to get the victim D (the age of 42) who driven by the Defendant, to take the front part of the said car in the course of avoiding the collision with the freight cars being driven by the Defendant.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as brain-dead sugar that requires treatment for about two weeks, suffered from the victim F (the 39 years old), who is a passenger of the said car, a snow room around the snow that requires treatment for about two weeks, and the victim G (the 7 years old) suffered about two-day strawing, etc. at the same time, and escaped without taking measures such as providing relief to the victims, even if the said car was damaged to be in excess of KRW 2,370,760 for repair cost, and immediately stopped.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Written estimate and each written diagnosis;

1. Application of Acts and subordinate statutes on site of traffic accident;

1. After destroying and damaging property under 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 as to the crime in question.

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