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(영문) 의정부지방법원 고양지원 2018.08.24 2018고정543

특정범죄가중처벌등에관한법률위반(도주치상)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 drives B cargo vehicle as his duties.

On February 2, 2018, the Defendant driven the above vehicle around 11:00, and continued to run from the entrance side of the spring apartment to the entrance side of the Nakdongwon Cemetery near the road located in the spring apartment at the spring city.

The above place is one lane in which the center line is installed, and the defendant neglected his duty of care to safely drive a D car according to his own lane, but instead failed to do so, and the defendant returned to his own lane to avoid the unexpected vehicle on the right side of the damaged vehicle, and went away from the site without taking necessary measures, such as moving back to the center in order to avoid the motor vehicle on the right side of the damaged vehicle, leaving the damaged vehicle into the right side of the vehicle, leaving the damaged vehicle, leaving the damaged vehicle into the right side of the vehicle, leaving the damaged vehicle, and leaving the site without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Photographs of damaged vehicles;

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the 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;