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(영문) 대전지방법원 2014.03.28 2013고단4504

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. In accordance with Supreme Court Decision 2009Do787 Decided May 14, 2009, etc., see, e.g., Supreme Court Decision 2009Do787, Sept. 15, 2013, the Defendant driven a D urban bus owned by D urban bus owned by the victim friendly Transport Co., Ltd., which was parked on the right side of the direction due to the Defendant’s failure to perform his/her duty of care to keep up to the right side of the river. On September 15, 2013, the Defendant: (a) driven a D-In-In-Ground-In-Ground without obtaining a driver’s license; and (b) avoided the right side of the river from the side of Sejong Special Self-Governing City to the side of the river; and (c) neglected to perform his/her duty of care to keep up to the right side of the Defendant’s vehicle.

Even though the Defendant damaged a bus to the extent of 334,420 won by occupational negligence, the Defendant immediately stopped the bus and escaped without taking necessary measures such as relief.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving of a motor vehicle at the same time and place without obtaining a driver’s license as above.

Summary of Evidence

1. Defendant's legal statement;

1. Written estimate;

1. Application of Acts and subordinate statutes to an investigation report (No. 9 of the evidence list);

1. Relevant Article of the Act on the Crime, Articles 148, 54 (1) of the Road Traffic Act, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, the choice of fines for the crimes, the choice of penalties, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The portion not guilty of the Defendant’s age, occupation benefits, etc., on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, including the first offense, serious reflectivity, minor damage in social ties clear, recovery from damage, victim’s foreign worker who was not subject to punishment, and the Defendant’s age, occupation benefits, etc.

1. The defendant's summary of the facts charged C. by negligence on duty at the time and place specified in paragraph (1) of the facts charged.