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(영문) 제주지방법원 2013.08.22 2013고단681

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 14:10 on October 20, 2012, the Defendant, who is engaged in the business of driving Churd vehicle, was driving the said vehicle to drive the said vehicle and, at the same time, was driving on the road near the Taekwondo ground, which is located in the Nowon-gu in Jeju, from the modern apartment room to the postal concentration.

At that time, the Defendant found the victim D(the age of 42) driving car in the front section. In such a case, the Defendant had a duty of care to safely drive the front section and prevent the accident by driving the steering system of the vehicle, the steering system of the vehicle, the steering system of the vehicle and other devices accurately.

Nevertheless, the Defendant neglected this and proceeds as it is, and the lower part of the vehicle was received as the front part of the vehicle of Aburged Aburgs.

As a result, the Defendant, by the above occupational negligence, suffered the victim’s left slurging room in need of treatment for about two weeks, and at the same time, did not stop the said slurging car and run away without taking necessary measures, such as aiding the victim, even though the said slurging car was damaged by a repair cost of KRW 589,574.

Summary of Evidence

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, general medical certificate, and general repair cost estimate;

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

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

1. Selection of a selective fine (the fact that the injury or material damage of a victim is minor, the fact that comprehensive insurance is subscribed to and agreement is reached smoothly with the victim, and the fact that there is no particular criminal record other than the fine sentenced due to a violation of the Road Act around 1996;

1. The Criminal Act for the detention of a workhouse;