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(영문) 수원지방법원 안양지원 2013.04.18 2013고정251

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

The defendant is a person who is engaged in driving a CM5 car.

On September 25, 2012, the Defendant driven the said car at around 16:10 on September 25, 2012, and got to turn to the left from the tri-distance at the entrance of the safe prison located in the Handong-dong Handong-dong, Anndong-dong, the Defendant was an intersection where a signal apparatus is installed, and thus, the Defendant, who is engaged in driving a motor vehicle, had a duty of care to safely drive the motor vehicle according to the signals of signal apparatus.

Nevertheless, the Defendant neglected to turn to the left due to the negligence in violation of the signal and fleded the back part of the driver’s seat of the E-ro-type taxi operated by the victim D(61 years of age) with the front driver’s part of the Defendant’s car driving line, thereby causing injury to the victim, such as catum salt, etc. requiring approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as providing relief to the victim, even though the above taxi was damaged to be 3,541,721 won of repair cost, and the Defendant immediately stopped.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1), (2);

1. Application of the Acts and subordinate statutes to each photograph, written diagnosis, and written estimate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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 crime;

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 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;