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(영문) 인천지방법원 2014.11.13 2014고정2581

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CF rocketing car.

On October 12, 2013, the Defendant driven the above car at around 15:40 on December 15, 2013, and driven the front road of the construction center located in 1092, Nam-gu, Incheon Metropolitan City, Chungcheongnam-gu, at a speed of about 30-40km from the shooting distance room of the Olympic Park to the direction of liver.

On the right side of the road from the right side of the course of course, the victim D (the age of 40) stopped the E K5 car and opened a driver's seat, so the person engaged in driving service has a duty of care to look at the right side well, maintain sufficient distance and prevent the accident, and prevent the accident.

Nevertheless, the Defendant neglected to do so, and due to the negligence of driving a vehicle close to the above K5 vehicle, the Defendant was k5 vehicle driving seated in the front part of the car operation which the Defendant is driving.

Ultimately, the Defendant, by such occupational negligence, suffered from the victim D’s catum catum, etc., which requires approximately two weeks of medical treatment from the head of the damaged vehicle, to the F (40 years of age, female) who was on the top of the damaged vehicle for about two weeks of medical treatment, and at the same time, did not stop immediately after destroying the 3,864,976 won at the repair cost of the 5-school car, and did not take necessary measures such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act 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 provides that a provisional payment order shall be issued for the reasons above.