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(영문) 부산지방법원동부지원 2020.10.28 2020고단991

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 13, 2019, the Defendant was driving a B windowmmom car around 06:00, and was driving from the 2-lane of the Manduk-gu in Busan East-gu to the 2-lane of the Manduk-gu. The Defendant was driving from the 06:00 to the 2-lane of the Manduk-gu.

Since there is a white solid line prohibiting change of course on the surface, there was a duty of care to protect the lane and drive safely for the person engaged in driving service.

Nevertheless, the Defendant neglected this and went away from the scene without taking any measures, such as aiding the victim and providing relief to the victim, and reporting the fact of the accident, even though the repair cost, such as exchanging the victim's vehicle, is damaged to the extent that the repair cost, which is equivalent to KRW 672,928, which is 672,928, by driving the vehicle on the front side of the vehicle of the victim C (Nam, South and 71 years old), following the left-hand part of the Dracker's car driven by the victim C (Seoul and 71 years old), by driving the vehicle on the front side of the right side of the Defendant.

Summary of Evidence

1. Application of Acts and subordinate statutes to police reports on traffic accident report (1), (2), photograph of a harming vehicle, and photographic image of black stuff, written diagnosis of the defendant's legal statement C to the defendant's legal statement;

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 the accident);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is minor, and the victim does not want the punishment of the defendant, and the age, character and conduct of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc. are committed.