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(영문) 대구지방법원 2013.03.14 2013고단823

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a COperational Car.

On January 06, 2013, the Defendant operated the said car at around 02:50, and proceeded two lanes in front of the wall lecture restaurant in Daegu-gu Nowon-gu Nowon-gu, Nowon-gu, with a view to moving the two lanes from the original o-distance outflow to the upper o-distance outflow, the Defendant changed the three lanes to the upper o-distance distance.

At the same time, the E-Ba-si operated by the victim D(43 years old) is running, so in such a case, the person engaged in driving service was obliged to pay a duty of care to make a bypass after changing the vehicle by operating direction, etc., giving notice of change of course and making a good look at the traffic conditions of the front and rear left-hand.

Nevertheless, the Defendant neglected to change the vehicle line as it is, and led the Defendant to the right side of the car driven by the Defendant due to the negligence before the right side of the car.

The Defendant, by negligence in the course of performing the above duties, sustained injury by scam bed with salt scams, etc. which require treatment for about two weeks, and at the same time, went away without taking measures such as aiding the victims, even though the scam scam was damaged by the scam of the above amounting to KRW 1,107,616.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A traffic accident report;

1. The actual condition survey report;

1. A written diagnosis and written estimate;

1. Application of each statute on photographs;

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 (the point of failing to take measures after destroying and damaging property);

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. The order of provisional payment;