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(영문) 의정부지방법원 2015.06.29 2014고정2355

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C25 tons' truck.

On July 10, 2014, the Defendant driven a car truck on July 10, 2014, and continued to drive a three-lane road of the 243-lanes in front of the Simn-si of the Government of Gyeonggi-do, which is located in the 243-lane of the Simn-si, Simpo-si, Simpo-si.

Since the place was a road on which vehicles run, there was a duty of care to accurately operate and safely drive steering devices and brakes for those engaged in driving of motor vehicles.

Nevertheless, the Defendant neglected to do so and proceeded along the Defendant’s car truck right side by negligence, thereby driving the victim D (M. 34 years old) driven by E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the Defendant, by such occupational negligence, sustained injury to the injured party, such as fluoral salt, which requires medical treatment for about two weeks, and at the same time, went away without immediately stopping the damaged vehicle and taking necessary measures, such as providing relief to the injured party, even though the repair cost, such as exchanging the damaged vehicle, was damaged to the degree of 4,538,257 won.

Summary of Evidence

1. Legal statement of witness D;

1. A traffic accident occurrence report;

1. On-site photographs;

1. Statement made to D by the police;

1. Each police interrogation protocol against the accused;

1. A medical certificate;

1. Written estimate;

1. Application of CCTV Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;