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(영문) 서울서부지방법원 2016.08.19 2016고정461

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Dbents C200 Abend-type passenger vehicles.

On December 13, 2015, the Defendant driven the above car on December 22:42, 2015, and proceeded into two lanes between the two-lanes in the direction of the intersection in the south of Korea from the high-speed bank in the south of Yongsan-gu Seoul, Yongsan-gu to the intersection in the south of Yongsan-gu.

In such cases, the defendant engaged in driving service has a duty of care to drive safely, such as putting the front door well and securing safety distance, but the victim E who was at a speed to turn to the left prior to the same lane when he was negligent in neglecting the duty of care at the front.

FLF Sota individual taxi vehicles walk the rear part of the front part of the above vehicle as they are, and walk about 5 m and 10 m of the above vehicle was pushed ahead.

Defendant 1 suffered injury to the victim due to such occupational negligence during the two-day period of medical treatment, and Defendant 1 destroyed the above vehicle so that 469,544 won can be recovered, and left the site without taking necessary measures, such as rescue measures.

Summary of Evidence

1. Partial statement of witness E;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of a written diagnosis and a written estimate for repair costs;

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, and Articles 148 and 54 (1) of the Road Traffic Act (a point where measures are not taken after an accident);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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