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(영문) 광주지방법원 장흥지원 2013.05.09 2012고정52

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 28, 2012, the Defendant, after occupational injury, was driving a vehicle of Category C and one ton of cargo vehicles of Category C, C on July 28, 2012, and the Defendant proceeded to the Jinin-Eup Market on the front side of the city of Gakn-gu, Jin-gun, Jin-gun, Gangwon-do, the river in front of the city of the Jin-gun, Gangwon-do.

At this point, the central line is a one-lane road, which is a yellow solid line.

In this case, the driver of the vehicle has a duty of care to live well on the right side from the center line to prevent the traffic accident.

Nevertheless, the Defendant neglected this and caused the damage to the left side of the cargo vehicle of the Defendant, followed by the Defendant’s negligence, and followed by the victim D (the age of 36) driven by the victim D (the age of 36).

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks by negligence in the course of business, but failed to immediately stop and take measures such as providing relief to the victim.

2. After an accident, the Defendant did not take necessary measures at the time of the occurrence of a traffic accident, even though he/she damaged property equivalent to 528,678 won of repairing the damaged vehicle due to the same traffic accident as paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and D;

1. Written diagnosis of D and written estimate of insurance repair expenses;

1. The report on traffic accidents, each investigation report, and the application of the Acts and subordinate statutes governing the report on internal investigation;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50-1 of the Criminal Act, selection of a fine for selective punishment;

1. The fact that the accused has agreed with the victim under Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation, and the accused has been sentenced to a fine for a long time.